A SINGULAR INTERVENTION BY THE STATE IN THE 4th CENTURY BC: THE LEX DE QUINQUEVIRI MENSARII
A SINGULAR INTERVENTION BY THE STATE IN THE 4th CENTURY BC: THE LEX DE QUINQUEVIRI MENSARII
Author(s): Xavier Roncero NunezSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Quinqueviri mensarii; aestimatio; aequitas; guarantee; non-recourse debt; consul; census.
Summary/Abstract: Debt was one of the major causes of conflict between patricians and plebeians in the early centuries of the Republic. In this context, during the 4th century BC, a law was enacted that was very different from the traditional measures adopted to combat this phenomenon. In 352 BC, the tribunal of the mensarii was created, a kind of magistracy whose mission was to assess and accept the assets of debtors in order to deliver them to creditors, as a substitute for the principal obligation. This measure, which precedes the financial liability of the Lex Poetelia, has hardly been addressed by doctrine. Its veracity, material content, and legal form will be the topics discussed in this paper.
Journal: IUS ROMANUM
- Issue Year: 2025
- Issue No: 2
- Page Range: 723-743
- Page Count: 21
- Language: English
