Actio ‘in servum (et in familiam) ’ in D. 47.8.4.15 (Ulp. 56 ad ed.) e D. 47.9.1 pr. (Ulp. 56 ad ed.)

Abstract

The author deals with the meaning of the statement of an action ‘in servum (et in familiam) ’ in D. 47.8.4.15 (Ulp. 56 ad ed.) and D. 47.9.1 pr. (Ulp. 56 ad ed.). He argues that this formulation was a way to highlight in an elliptical form that the slave was the reference point of the noxal action (with reference both to the causa actionis and to the criterion on which the passive legitimation was based), as follows from the cardinal principle ‘actio noxalis caput sequitur ’.