Issum and nominatio in acquisition through servants

Abstract

Roman jurisprudence analysed the consequences of acquisition carried out by a common slave based on the following: the fact that either the slave acted under the iussum of one of his co-owners or that one of the co-owners expressely appointed them for that purpose (nominatio). Sabinian opinion, that finally prevailed in classic jurisprudence, was built based on this problem. This work studies the construction process of this prevailing opinion based on the analysis of jurisprudencial fragments that aims to show the most relevant landmarks in shaping the analysis structure of the problem. The author thinks that Salvio Juliano´s intervention is decisive in the history of the jurisprudencial treatment of the problem.