From Ulp. 16 ad ed. D. 49, 14, 5, 1 we are aware that, if a fiscal property has been sold by a procurator Caesaris, it becomes immediately available to the buyer, once he has paid the related price. The expression statim fit emptoris, pretio tamen soluto, is subject of debate among the scholars, to which this paper intends to give a contribution by drawing attention to some neglected or not adeguately analysed aspects in the related studies. Above all, pretio tamen soluto seems to contradict the principle that in the fiscal sales the sold object statim fit emptoris: this problem can be overcome assuming an interference by Justinianean Compilers, who would have inserted the reference to the addictio, under which the contract worked statim, whereas the transfer of the dominium - and consequent irrevocability of the purchase - was connected with the full payment of the price. This interpretation finds confirmation in some imperial constitutions and in the papyrological evidence.
Ulp. 16 Ad Ed. D. 49,14,5,1: Il pagamento del prezzo nelle vendite fiscali
ALESSANDRI', Sergio Rosario
2013-01-01
Abstract
From Ulp. 16 ad ed. D. 49, 14, 5, 1 we are aware that, if a fiscal property has been sold by a procurator Caesaris, it becomes immediately available to the buyer, once he has paid the related price. The expression statim fit emptoris, pretio tamen soluto, is subject of debate among the scholars, to which this paper intends to give a contribution by drawing attention to some neglected or not adeguately analysed aspects in the related studies. Above all, pretio tamen soluto seems to contradict the principle that in the fiscal sales the sold object statim fit emptoris: this problem can be overcome assuming an interference by Justinianean Compilers, who would have inserted the reference to the addictio, under which the contract worked statim, whereas the transfer of the dominium - and consequent irrevocability of the purchase - was connected with the full payment of the price. This interpretation finds confirmation in some imperial constitutions and in the papyrological evidence.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
