The essay addresses two critical nodes concerning the reconstruction of the formula of the cautio ‘rem pupilli salvam fore’, as Otto Lenel proposed it. On the one hand, the referability of the guarantee even to the management of the pupil’s goods by a the person acting as guardian without being legally such. On the other hand, the functional relationship between the promise ‘rem salvam fore’ and the preceding clause, which Lenel constructed along the lines of the intentio incerta of the actio tutelae.
Sulla formula della ‘cautio rem pupilli salvam fore’ / Pellecchi, Luigi. - STAMPA. - (2023), pp. 257-288.
Sulla formula della ‘cautio rem pupilli salvam fore’
Luigi Pellecchi
2023-01-01
Abstract
The essay addresses two critical nodes concerning the reconstruction of the formula of the cautio ‘rem pupilli salvam fore’, as Otto Lenel proposed it. On the one hand, the referability of the guarantee even to the management of the pupil’s goods by a the person acting as guardian without being legally such. On the other hand, the functional relationship between the promise ‘rem salvam fore’ and the preceding clause, which Lenel constructed along the lines of the intentio incerta of the actio tutelae.File in questo prodotto:
Non ci sono file associati a questo prodotto.
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
