Why did the Praetorian Edict contain a special action against the person who acted “as a” guardian (is qui pro tutore negotia gessit)? The paper shows that the so-called actio protutelae was not introduced as a remedy available only against an unauthorized tutor with the purpose of validating his liability. Rather, the original purpose of this action was to overcome a specific procedural difficulty, namely to avoid that a verdict against, the gestor depended on proving that he had the status of tutor.
Tra processo e diritto materiale: la natura e la funzione dell’actio protutelae / Pellecchi, Luigi. - STAMPA. - V:(2016), pp. 333-423.
Tra processo e diritto materiale: la natura e la funzione dell’actio protutelae
PELLECCHI, LUIGI
2016-01-01
Abstract
Why did the Praetorian Edict contain a special action against the person who acted “as a” guardian (is qui pro tutore negotia gessit)? The paper shows that the so-called actio protutelae was not introduced as a remedy available only against an unauthorized tutor with the purpose of validating his liability. Rather, the original purpose of this action was to overcome a specific procedural difficulty, namely to avoid that a verdict against, the gestor depended on proving that he had the status of tutor.File in questo prodotto:
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