Acciones adyecticias y limitación de responsabilidad. Una hipótesis en torno a la justicia y la utilidad en el pensamiento de Ulpiano

Translated title of the contribution: Actiones adiecticiae and limitation of liability. A hypothesis on justice and usefulness in Ulpiano' thinking

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Abstract

This is a review of Ulpiano's thinking regarding the regime of contractual responsibility, from which the actiones institoria and exercitoria rise. The analysis is based on a hypothesis that the classical lawyers prefer the functional limitation of liability and relate it to Ulpiano's thinking in that same regard. On one hand, the analysis seeks to investigate the concepts of justice and usefulness used by Ulpiano when he praises the edict of the actiones exercitoria and institoria; and it also pays attention to other decisions, made by Ulpiano, which are consistent with the legal tradition of the functional limitation of the contractual liability. The apparent contradiction entails a hypothesis around Ulpiano's thinking.

Translated title of the contributionActiones adiecticiae and limitation of liability. A hypothesis on justice and usefulness in Ulpiano' thinking
Original languageSpanish
Pages (from-to)109-123
Number of pages15
JournalRevista de Estudios Historico-Juridicos
Issue number37
DOIs
StatePublished - Oct 2015
Externally publishedYes

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