Abstract
Summary The paper focuses on the phenomenon of donation to people in potestate of the donor. Even though this kind of donation was an old practice in Roman society, classical jurisprudence considered it void due to the lack of legal capacity of the people alieni iuris. However, we can see that beginning from the Severian age, the jurists and then the imperial chancery gradually stated the validity of these acts of liberality, contingent upon certain conditions primarily based on the donor’s voluntas. The analysis of responsa and rescripta related to this subject highlights how this concessio worked under a juridical point of view, along with its progression. Finally, it is highlighted how this interpretatio was part of a broader phenomenon occurring in the 3rd century a.d. and aimed to value the donor’s voluntas.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
