Tra ius antiquum, lex Iulia e lex Papia: il complesso destino dei caduca in età augustea

This paper aims at sheding light on the lot of the so-called caduca under the regime established by the lex Iulia de maritandis ordinibus (18 BC), as well as on the changes brought in by the lex Papia Poppaea (9 AD). First, this work quickly investigates the different interpretations developed by Roman law scholars on this topic and then focuses its attention on the analysis of the sources. The two main sources that have been taken into consideration in the paper are Gai. 2.150 and Tit. Ulp. 28.7; the latter, in particular, has been examined according to the so-called ‘theory of derogation’ (Tit. Ulp. princ. § 3), a theory which actually represents a specific methodological approach to interpret the leges of the so-called liber singularis regularum by the Pseudo-Ulpian. As a result of this study, and after having considered the problem also from a historical-comparative perspective, it is possible to affirm that the caduca were not immediately acquired by the aerarium, under the regime of the lex Iulia. Yet, the aerarium could obtain the caduca only after having proved that neither heirs, nor bonorum possessores existed who could or wanted to acquire the goods. This regime changed after the lex Papia was issued. This lex introduced new rules on devolving the caduca and thus emphasised the fiscal purposes of the legislation known as ‘lex Iulia et Papia’.