By including the capitis deminutio among the causes of dissolution of the societas, Gai 3.153 seemingly quotes an old doctrine already rejected by Iulianus, who had proclaimed the rule of conservation of the societas after the emancipation of a socius (D. 17.2.58.2, Ulp. 31 ad ed.). Nowadays, historiography dismisses the doubts of the interpolationist critique concerning the genuineness of the Ulpian’s fragment. Consequently, it interprets the verb ‘dicitur’ of Gai 3.153 as Gaius’ incertitude regarding the rule of extinction of the societas in case of a capitis deminutio minima of one of the partners. The paper aims at a re-interpretation of Gai 3.153. It appears that, on the one hand, Gaius follows the opinion of Iulianus, whereas, on the other hand, the jurist confirms the ancient rule of conservation of the societas despite the capitis deminutio of one of its partners. More specifically, the goal of this essay is to demonstrate that Gai 3.153 considered only the cases of adrogatio and coemptio of a socius.
Dicitur etiam capitis deminutione solvi societatem
Raffaele D'Alessio
2021-01-01
Abstract
By including the capitis deminutio among the causes of dissolution of the societas, Gai 3.153 seemingly quotes an old doctrine already rejected by Iulianus, who had proclaimed the rule of conservation of the societas after the emancipation of a socius (D. 17.2.58.2, Ulp. 31 ad ed.). Nowadays, historiography dismisses the doubts of the interpolationist critique concerning the genuineness of the Ulpian’s fragment. Consequently, it interprets the verb ‘dicitur’ of Gai 3.153 as Gaius’ incertitude regarding the rule of extinction of the societas in case of a capitis deminutio minima of one of the partners. The paper aims at a re-interpretation of Gai 3.153. It appears that, on the one hand, Gaius follows the opinion of Iulianus, whereas, on the other hand, the jurist confirms the ancient rule of conservation of the societas despite the capitis deminutio of one of its partners. More specifically, the goal of this essay is to demonstrate that Gai 3.153 considered only the cases of adrogatio and coemptio of a socius.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
