‘Emptio’ in frode ai creditori tra affidamento del terzo e surrogazione reale nell’‘ad edictum’ paolino

Fercia, Riccardo

2025-01-01

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Abstract

The research examines in a palingenetic key D. 42.8.7 and D. 42.8.9 (Paul. 62 ad ed.), and shows how the restitutio in integrum ob fraudem offered to curator bonorum by the praetor's edict in Ulp. D. 42.8.1pr. against acts of disposition in fraud of creditors was configured by the interpretatio to verba edicti consolidated for the Severian age by a balancing of interests between the reasons of creditors and those resulting from the innocent trust of third parties, if one considers that the super-individual interest in the stability of trades follows from the synapse between the onerousness of the title of purchase from the debtor, the good faith of the assignee, the possibility of subrogation in rem where the property has come into the possession of a sub-purchaser and the annual limitation period, starting from the integration of the deed obliging the transfer.