Nec Facere Nos Posse Credendum Est. (A New Approach for Papinian D. 28, 7, 15)

11 Pages Posted: 13 Sep 2012 Last revised: 14 Sep 2012

See all articles by Gergely Deli

Gergely Deli

University of Györ - Department of Legal History

Date Written: September 12, 2012

Abstract

The article concerns the famous Papinian fragment (D. 28, 7, 15) from Justinian’s Digest. It offers a new, alternative approach for proper understanding of the highly contested text. It argues that the condition in question has been physically possible but illegal. The problem was that illegal conditions were valid according to civil law (ius civile) of that time. However, if the condition had only been cancelled the outcome would have been strikingly unjust. Thus, the jurist making the decision wanted to refute the entire testament. For this reason he considered the condition (morally) impossible with the argument that an honest man cannot do anything against his own piety, reputation, and sense of decency.

Note: Downloadable document is in German.

Keywords: contra bonos mores, boni mores, immorality, impossibility, illegality, Roman Law

Suggested Citation

Deli, Gergely, Nec Facere Nos Posse Credendum Est. (A New Approach for Papinian D. 28, 7, 15) (September 12, 2012). Available at SSRN: https://ssrn.com/abstract=2145200 or http://dx.doi.org/10.2139/ssrn.2145200

Gergely Deli (Contact Author)

University of Györ - Department of Legal History ( email )

Egyetem tér 1.
Györ, 9026
Hungary

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