La struttura del negozio della fiducia nell'epoca repubblicana. [Vol.] I. Le nuncupationes.

Door: Bellocci, Nicla.

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• Uitgever: Napoli : Jovene, 1979. Paperback. 159 pp. Italian text. Library stamp. Conditie: goed
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• Details: Conditie: goed. ROMAN LAW
• Extra informatie: - This is a philological and juridical study of the legal institution of fiducia in the Roman Republic (500 BC - 27 BC), focusing on its formal structure and linguistic manifestations, In this volume particularly focusses on nuncupationes : the formal ritual declarations and arrangements associated with mancipatio, the highly formal and symbolic transfer of ownership, especially used for important property like land, slaves, and certain rights. It was not just a physical transaction, but a ritualized legal act. The work is divided into three chapters, each addressing different aspects of the fiduciary transaction. Chapter I outlines the conceptual challenges of defining fiducia as a juridical genus encompassing multiple species, and explores doctrinal disagreements over its structure. It traces the linguistic and legal evolution of fiducia, analyzing key literary sources such as Plautus. Bellocci argues that Plautus' use of fiducia reveals its transition from a general trust-based relationship to a technical legal institution. Chapter II delves into nuncupationes as clauses attached to the formal transfer of property (mancipatio) in the Law of the Twelve Tables (mid-5th century BC). Bellocci evaluates competing interpretations of the clause 'uti lingua nuncupassit, ita ius esto', suggesting that the nuncupatio constituted a solemn verbal act that carried binding legal force. She discusses how these ritual statements functioned within the broader legal and socio-economic context of early Rome, highlighting their role in private legal initiative. Chapter III explores the semantic development of nuncupare during the Republic through analysis of literary and legal texts—from Pacuvius to Livy and Cicero—demonstrating its use as a formal declaration, distinct yet related to legal acts like wills and contracts. Ultimately, Bellocci provides a foundational contribution to understanding the symbolic and functional origins of fiduciary agreements in early Roman law.
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