El emplazamiento sistemático de la donación entre vivos en las exposiciones jurisprudenciales yen las compilaciones legislativas romanas

Abstract

This paper studies the localizations of the donations among the living in the Sabinian system and in the jurisprudential works of the digesta, responsa, questiones type as well as in the praetor's edict during the classical era. As far the postclassical era is concerned, this paper also presents a simi­lar study of the Fr. Vaticana, the Pauli sent., and the compilations of laws, such as the codex Thedosianus and its predecessors (Gregorian and Hermogenian) and in the Corpus iuris civilis. It is concluded that, during the classical era until the codex Theodosianus, the rubric de donationibus never existed, which first appeared in said code and followed by the codex Iustinianus and the Iustibiabus digesta, but not by the Iustiniani Institutiones. Classical scholars did not study donation itself; they did it from the perspective of its limiting regimes, in particular the one derived from the lex Cincia, so that they studied donations under the rubric ad legem Cinciam de donationibuis. After the lex Cincia fell into disuse, a reference to it in said rubric was eliminated from the codex Thedosianus, which by then was simply turned into de donationibus.