Limitation and Non-limitation of Liability in a Shipping Company (D. 14,1,1,19-20 y D. 14,6 pr.)

Abstract

he study is based on an exegesis of two passages of the Digest containing assumptions that are similar in many ways and are referred to the liability of the businessman whose employee has carried out shipping businesses. The study is aimed at rebuilding the thinking of the classic jurists authoring the aforementioned passages as well as their predecessors, also aiming at delimiting the scope of the de peculio and tributoria actions and clarifying the use of the notions of actio exemplo tributoriae and actio cuasi tributoria. Finally, the concepts Tiziaof voluntas y silentia and their dogmatic value are analyzed.