Ancora in tema di 'suae rei emptio': spunti per un'esegesi di D. 17.1.49

Fercia, Riccardo

2025-01-01

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Abstract

This research focus on D. 17.1.49 and proposes a preservative exegesis of the text included in the Digest, hypothesizing that Marcellus discussed the case of a mandate to sell conferred by the bonae fidei possessor to the dominus ex iure Quiritium who is unaware of being such, in correlation – in transition from the casus to the quaestio – with an imaginary case in which, with roles reversed, it was instead the dominus ex iure Quiritium, again without knowing that he was such, who gave the bonae fidei possessor the mandate to sell that same good, with the further clarification that results from it buyer is the person who establishes the mandator as (testamentary) heres.