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Studi su “stipulatio” e azioni stipulatorie nel diritto giustinianeo

The volume deals with outlining some profiles of the late antique evolution of the stipulatio, in relation both to the contractual form and to its fields of application, in order to reduce the widespread opinion, which arose within literature of the nineteenth century and received in the studies of the following century, about its \’degeneration\’ into a mere negotiation clause devoid of any substantial effectiveness, used without any knowledge about its nature and function. Through the exegesis of the main imperial constitutions that modified its discipline (in particular: CI 8.37.10 of 472, with which the Emperor Leo sanctioned the validity of the stipulationes made without the use of sollemnia vel directa verba and CI 8.37.14 of 531, with which the Emperor Justinian introduced presumptions of the veracity of the document regarding the presence of the parties and the servile stipulationes), carried out in the light of the attestations contained in scholio to the Basilika, and through the analysis of some particularities found within the negotiation practice as emerges from the testimonies received via papyrus, the study is meant on the one hand to demonstrate how the stipulating document, although widespread, never led to a radical overcoming of the forma verbis of the contract and, on the other, to outline the new vitality assumed by the institute in a procedural key, as a privileged tool for the conventional predetermination of the judicial procedure for the regulation of any dispute, both in relation to cases otherwise lacking an independent action, such as pacta, and in relation to cases already protected otherwise, such as good faith contracts.

Fabrizio Lombardo graduated cum laude in Law at the University of Genoa and a PhD in Law, specialization in Historical and Institutional Foundations of European Law, at the University of Turin. His research interests focus above all on public and private law of the late antiquity, studied with particular attention to the results received as scholia to the Basilika.