The late 19th century literature on fiducia is strongly marked by the fundamental contributions of Lenel. He identified, in his extensive work reconstructing the institution, passages in the Digest where the Justinian compilers would have substituted the mention of fiducia for that of both pignus and depositum vel commodatum. By contrast, the literature of recent years on the subject has often taken a more cautious approach to the problem of interpolations, limiting itself mainly to using sources not from the Corpus iuris. However, this doctrinal approach does not help to give a complete idea of such a complex institution.
The late 19th century literature on fiducia is strongly marked by the fundamental contributions of Lenel. He identified, in his extensive work reconstructing the institution, passages in the Digest where the Justinian compilers would have substituted the mention of fiducia for that of both pignus and depositum vel commodatum. By contrast, the literature of recent years on the subject has often taken a more cautious approach to the problem of interpolations, limiting itself mainly to using sources not from the Corpus iuris. However, this doctrinal approach does not help to give a complete idea of such a complex institution.
Materialien zur fiducia im Lichte der Interpolationenkritik
Federica Bertoldi
2025
Abstract
The late 19th century literature on fiducia is strongly marked by the fundamental contributions of Lenel. He identified, in his extensive work reconstructing the institution, passages in the Digest where the Justinian compilers would have substituted the mention of fiducia for that of both pignus and depositum vel commodatum. By contrast, the literature of recent years on the subject has often taken a more cautious approach to the problem of interpolations, limiting itself mainly to using sources not from the Corpus iuris. However, this doctrinal approach does not help to give a complete idea of such a complex institution.| File | Dimensione | Formato | |
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