Actor, colonus, conductor, procurator in einem Brief des Kaisers Honorius

Abstract

Summary In this article the author presents three interpretations of the passage of emperor Honorius’ constitution that has been included in the Theodosian Code under the title quod iussu (CTh 2,31,1). The intention of the author is to prove the thesis that the emperor Honorius accepted a practically existing extension of the use of actio quod iussu to relations between landowners and overseers of the land property. Consequently the actio could be brought against the landowner or possessor of the land (dominus possessionis, cultor terrarum) on the ground that management personnel (servus, actor, conductor, colonus, procurator), regardless of their status libertatis, borrowed money with clear authorisation (iussum). The author does not share the opinion that the background of the emperor’s decision was the economic relation between the landowners and the management personnel.