oa Fundamina : A Journal of Legal History - Papiniano cita Marcello : un (piccolo) problema palingenetico

Special issue 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



Commencing with the interpretation of a Papinian (now in D. 28.2.23 pr.) relating to a strange case of disinheritance, and then considering its reception in Ulpian D. (in terms of the prevalence of natural law), this contribution focuses on a somewhat hidden quote by Ulpius Marcellus, located in a text originally by Papinian (D. The reference appears concealed, because the relevant narrative is by Ulpian, quoting Papinian. The recovery of this reference helps us to understand the relationship between Papinian and Marcellus, poorly attested in the sources (there is only one other direct citation of Marcellus by Papinian, in D. The paper also tries to explain the lacuna in the discussion of book twelve of Papinian's according to the proposal in Otto Lenel's .

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