"Conventio in Digest 2. 14 and its interpretation in the Basilica"
The beginning of th e title de pactis D. 2.14, in which we find the definition o f conventio, has been the subject of much doctrinal debate. These debates focused, particularly in the first half of the twentiet h 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 sc holia handed down through the Basilica. Their study reveals that Byza ntine jurists were first confronted with the problem of translating t his notion into Greek, which was then rendered differently. Conve ntio is repeatedly understood subjectively, but we also find exa mples of objective interpretation.
Prof. dr. Elena Gian nozzi is professor of legal history at the University of Lil le.
Voor Forum Romanum (Rech tshistorisch dispuut UvA en VU Amsterdam), zie hier.
DESCRIPTION: The beginning of the title de pactis D. 2.14, in which we find the definition of conventio, has been the sub ject of much doctrinal debate. These debates focused, particularly in the first half of the twentieth century, on the presence of interpol ations 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 wi th the problem of translating this notion into Greek, which was then rendered differently. Conventio is repeatedly understood sub jectively, but we also find examples of objective interpretation.