SENATORES IN ANNIS MINORIBUS CONSTITUTI
И USURAE. ПРИНОС КЪМ ТЪЛКУВАНИЯТА НА CTh. 2.33.3
SENATORES IN ANNIS MINORIBUS CONSTITUTI and USURAE.
CONTRIBUTION TO THE INTERPRETATIONS OF CTH. 2.33.3
Author(s): Paolo GarbarinoSubject(s): Law, Constitution, Jurisprudence, History of Law, Canon Law / Church Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Theodosius Code; senatores in annis minoribus constitutes; mutuum; usurae
Summary/Abstract: The article presents a constitution by the Theodosius Code (CTh. 2.33.3), issued in Constantinople on November 23, 397, rejecting the objections raised by debtors regarding the payment of interest (usurae) due to underage lenders (in annis minoribus constituti) having a senatorial title (dignitate senatoria). It goes against the prohibition of senators from making such loans since the classical period. However, the author interprets the constitution in connection with another constitution issued in 396 (CTh. 3.30.6), which regulates the protection of these persons when their property is managed by a tutor, such transactions being allowed if this is related to their necessitates and there is no option but to lend the assets with interest (mutuum) to secure their livelihood.
Journal: IUS ROMANUM
- Issue Year: 2019
- Issue No: 1
- Page Range: 302-325
- Page Count: 24
- Language: Bulgarian