Unjustified enrichment cases in the Dissensiones dominorum: on the admission of the actio negotiorum gestorum utilis «ex aequitate»
Abstract
This research addresses the issue of unjustified enrichment from the point of view of medieval glossators. Thus, prior considerations will be made on the scope of the aequitas principle inherent in that regulae iuris which prohibited enriching oneself at the expense of others and was referred to by Pomponius in D. 50,17,206. Positions taken by the glossators on three cases of unjustified enrichment identified in those collections with the most controversial issues coming from Roman Law and known as Dissensiones dominorum will be also analyzed. In particular, we will highlight the vision on such assumptions of the glossator Martinus Gosiae, which opted for relying on the reestablishment of the patrimonial aequitas through the admission of an actio negotiorum gestorum utilis, and this on the basis of the interpretation of the Roman legal sources concerning the legal problems taken into consideration.
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