The contribution focuses on the exegetical analysis of D. 33.7.16, a fragment attributable to Paul’s epitome of Alfeno Varo’s Digesta. The passage is divided into three well distinct parts and concerns an equal number of problems related to the bequests of instrumentum and supellex. Through the comparison with other legal and literary sources the essay outlines some salient points of the instrumentum fundi and of the disputed instrumentum vineae. The scope of the instrumentum is ius controversum in the late Republican period, however the new analysis of the fragment and of other related ones proposes a conjectural interpretation that could make the position of Servius Sulpicius and Alfenus on the bequests in question more rational, also allowing to have a different viewpoint on the jurist from Cremona. him more autonomous than he is normally depicted in the doctrine
IL LABIRINTO DELL’INSTRUMENTUM E LA POSSIBILE AUTONOMIA DI ALFENO IN D. 33.7.16
Paola Biavaschi
2023-01-01
Abstract
The contribution focuses on the exegetical analysis of D. 33.7.16, a fragment attributable to Paul’s epitome of Alfeno Varo’s Digesta. The passage is divided into three well distinct parts and concerns an equal number of problems related to the bequests of instrumentum and supellex. Through the comparison with other legal and literary sources the essay outlines some salient points of the instrumentum fundi and of the disputed instrumentum vineae. The scope of the instrumentum is ius controversum in the late Republican period, however the new analysis of the fragment and of other related ones proposes a conjectural interpretation that could make the position of Servius Sulpicius and Alfenus on the bequests in question more rational, also allowing to have a different viewpoint on the jurist from Cremona. him more autonomous than he is normally depicted in the doctrine
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