Retentio in un impiego ciceroniano (Att. 13, 23, 3)

Auteur: Vinci, Massimiliano
Titre: Retentio in un impiego ciceroniano (Att. 13, 23, 3)
Revue/Collection: "Bullettino dell’Istituto di diritto romano ’Vittorio Scialoja’", 106 (4.a Ser., 2)
Éditeur: Giuffrè
Annèe edition: 2012
Pages: 331-348
Mots-clès: Commentaires - Commenti - Commentaries, Droit - Diritto - Law
Description: [Abstract] Even if in an epistolary correspondence with Atticus (Att. 13, 23, 3 and 13, 24, 2) Cicero employed twice the term retentio in a sense that was close to the legal technical meaning, which was at the time emerging in the reflections made by the jurists, in reality, the term retentio was merely employed to indicate the ‘material’ effect of the ‘resistance’ to the claims from the creditor made by the debtor who was about to perform his pecuniary obligation through a datio in solutum necessaria. In fact, the debtor would not have handed over the res to the creditor until the latter had given a guarantee for the difference between the higher value of the res and the debt, since this datio would have extinguished the debt.
Sigle auteur: Vinci 2012