Resumen de La nozione di «translatio» tra retorica e processo civile ro mano
The term translatio is widely employed in the Roman lexicon. In particular, in the field of rhetoric he defines many conceptual tools. Among them, the constitutio translativa, which is a status causae used to «transfer» onto others the claims of the opposite party. At the same time, in the field of private trial, translatio qualifies a technical tool to replace a party (translatio iudicii ) or the judge (mutatio iudicis ) after the litis contestatio. Most scholars believe that the use of the same term in different fields indicates nothing but a homonymy and that there are no substantial connections. The purpose of this contribution is to weigh this theory and verify its validity.
