Statuto soggettivo e intermediazione gestoria: alcune riflessioni su D. 14.1.1.16 e D. 14.3.7.1

Abstract

Abstract - The work examines the involvement in entrepreneurial activity, especially maritime, of alieni iuris and females. In the context of the broad theme relating to the relationships between man, land and sea (on which some preliminary reflections are carried out), the various roles relating to the administration of the ship (exercitor and magister navis) and the possibility of their entrustment to people other than pater familias are briefly reconstructed. A comparison follows between the text contained in D. 14.1.1.16, relating to the actio exercitoria, and the analogous affirmation reported in D. 14.3.7.1 on the actio institoria, from which the irrelevance results of sex and of subjection to potestas, on one side of the exercitor, on the other of the institor. In the light of these sources, the intermediation of filii familias, slaves, women sui iuris and in power, as well as subjects of minor age, is taken into consideration, with a distinction between impuberes and adulescentes.

Keywords

• actio exercitoria
• actio institoria
• alieni iuris
• dominus
• exercitor
• magister navis
• rappresentanza
• intermediazione gestoria
• ancient rome
• diritto romano
• roman law
• romanistic studies
• römisches recht
• derecho romano
• diritti antichi
• ancient law