"Defendere suum servum reum crimine factum". Intorno a D. 48.1.19 (Marcian. 1 de iud. publ.)

• Autores: Fabio Botta
• Localización: Scritti per Alessandro Corbino / coord. por Isabella Piro, Vol. 1, 2016, ISBN 978-88-67353-81-1, págs. 297-322
• Idioma: italiano
• Texto completo no disponible (Saber más ...)
• Resumen

  • From the exegesis of D. 48.1.9 we can come to a complete passive legitimation to the public charge against the slave, non limited only to cqapital proceedings. In any case the power of defending the slave is let to the dominus. It is excluded, however, that the exercise of such power is imposed by rules of solidarity ethics between dominus and servus. The lack of this defence doesn't mean the slave's derelictio or the awarding of the freedom for the slave in case of his acquittal. We can also exclude that the dominus's defence, in case of a public charge against his slave, is parallel to that of the noxal process, as argued by Kaser.