This research relates to the category of res in commercio and res extra commercium. It is a division accepted in the manual, but the subject of debate in the literature, which more recently tend to deny its very existence. The workings of the classical jurists instead confirms the presence, already in the age of the Principato, of a distinction within the res, in which emerges with a solid foundation the category of res quarum commercium non est: it is a stable category in the statements of iuris periti, but on which appears the incessant work of interpretation face, not to assert its existence, but to expand the goods on and expand analogy vests the legal effects of the new understanding in it.
Res in commercio and res extra commercium: reflections of Romans Jurists and categories of modern law
milazzo a
2015-01-01
Abstract
This research relates to the category of res in commercio and res extra commercium. It is a division accepted in the manual, but the subject of debate in the literature, which more recently tend to deny its very existence. The workings of the classical jurists instead confirms the presence, already in the age of the Principato, of a distinction within the res, in which emerges with a solid foundation the category of res quarum commercium non est: it is a stable category in the statements of iuris periti, but on which appears the incessant work of interpretation face, not to assert its existence, but to expand the goods on and expand analogy vests the legal effects of the new understanding in it.Pubblicazioni consigliate
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