La ‘doppia veste’ processuale del certum. Quinto Mucio e la conceptio verborum della condictio formulare

Fercia, Riccardo

2021-01-01

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Abstract

The study shows how the certum demands, in the first applications inter cives of the process per formulas, were built according to a lege agere fictio where the conceptio verborum could correlate to the manus iniectio, or without fictio whenever the praetor urbanus safeguarded the oportere: in connection with the regulatory development represented by the lex Aebutia, the fresco discovered in the ‘Villa of the Jurist’ can be deemed proof of the role – likely pivotal – played by Quinto Mucio Scevola in a ligning all the formulae possible to convey certum demands to the present continuum structure – well known in classical law – ‘si paret - si non paret’, meaning a hypothetical period of reality configured in a way that the legal relation, even de facto, could be deduced in the ‘if clause’ understood as a condition to the fine conveyed instead in the main clause.