From the examination of D. 2.15.8 by Ulpian it can be deduced, on the one hand, that the evaluation parameters placed at the basis of the causae cognitio of the praetor urbanus were formulated, illustrated and clarified by the jurist by constantly referring to the imperial will of which it was an expression oratio Marci and, on the other hand, that this jurist was fully aware of the penetrating nature of the union of this magistrate, whose investigative powers were so wide as to allow him to examine every aspect of the matter submitted to his judgment and, therefore, to affect strongly on the settlement of the interests of the parties, with the consequence of authorizing those transactions which, on the basis of his unquestionable discretion, appeared to him worthy of approval or, on the contrary, of denying his auctoritas to those that appeared to him as incongruous, oppressive or , in any case, not meeting the protection and protection needs of the interested parties. And, indeed, the main purpose of the oratio was to safeguard the interests of the socially and economically weaker subjects, not surprisingly recipients of food legacies, who, due to their inexperience, aimed at satisfying the need to have a livelihood through the acceptance of treacherous agreements that allowed them to have sums of money suffered in exchange for the renunciation of inheritance expectations.
D. 2.15.8: le transazioni alimentari, l’«oratio Marci» e la «causae cognitio» del «praetor urbanus»
ARCARIA F.
2021-01-01
Abstract
From the examination of D. 2.15.8 by Ulpian it can be deduced, on the one hand, that the evaluation parameters placed at the basis of the causae cognitio of the praetor urbanus were formulated, illustrated and clarified by the jurist by constantly referring to the imperial will of which it was an expression oratio Marci and, on the other hand, that this jurist was fully aware of the penetrating nature of the union of this magistrate, whose investigative powers were so wide as to allow him to examine every aspect of the matter submitted to his judgment and, therefore, to affect strongly on the settlement of the interests of the parties, with the consequence of authorizing those transactions which, on the basis of his unquestionable discretion, appeared to him worthy of approval or, on the contrary, of denying his auctoritas to those that appeared to him as incongruous, oppressive or , in any case, not meeting the protection and protection needs of the interested parties. And, indeed, the main purpose of the oratio was to safeguard the interests of the socially and economically weaker subjects, not surprisingly recipients of food legacies, who, due to their inexperience, aimed at satisfying the need to have a livelihood through the acceptance of treacherous agreements that allowed them to have sums of money suffered in exchange for the renunciation of inheritance expectations.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
