Doctrina puerorum Y exceptio Doli. UNA DISCUSIÓN SOBRE ESTRATEGIAS INTERPRETATIVAS

Translated title of the contribution: Doctrinale puerorum and Exceptio doli: A discussion on interpretative strategies

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Abstract

The main purpose of this article is to analyze the interpretation strategies, which underlie the the discussion maintained by Roman lawyers mainly in the first and second century AD, about the education of slaves (doctrina puerorum). More specifically, it deals with the problem of its qualification as an utilis impensa, which could cause an exceptio doli for the defendant against a rei vindicatio. The method of this article is the exegesis of classical juridical sources under a point of view that does not question its authenticity, and that assumes them as an expression of an interpretation strategy. The outcome of this article addresses to an important factor, which would make stronger the qualification of the doctrina puerorum as an utilis impensa, that is, the relevance acquired in the interpretation by the Roman lawyers of the economic value of the doctrina puerorum in the imperial age.

Translated title of the contributionDoctrinale puerorum and Exceptio doli: A discussion on interpretative strategies
Original languageSpanish
Pages (from-to)51-68
Number of pages18
JournalRevista de Estudios Historico-Juridicos
Issue number41
DOIs
StatePublished - 2019
Externally publishedYes

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