"Conventio in Digest 2.14 and its interpretation in the Basilica"
The beginning of the title de pactis D. 2.14, in which we find the definition of conventio, has been the subject of much doctrinal debate. These debates focused, particularly in the first half of the twentieth century, on the presence of interpolations in the passage, but also on the value, subjective or objective, to be attached to the notion of conventio. This concept is analyzed in several ancient scholia handed down through the Basilica. Their study reveals that Byzantine jurists were first confronted with the problem of translating this notion into Greek, which was then rendered differently. Conventio is repeatedly understood subjectively, but we also find examples of objective interpretation.
Prof. dr. Elena Giannozzi is professor of legal history at the University of Lille.
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