Riflessioni su una decisione di Ulpiano riguardante l'actio furti a favore del fullo ladro: D. 47.2.48.4 (Ulp. 42 ad Sab.)

Abstract

The paper analyses a decision of Ulpian, contained in D. 47.2.48.4, in which the actio furti is attributed to fullo/thief, and aims at identifying the ratio of Ulpian's opinion. In particular, the reason of the action of fullo is found in a 'causa honesta', namely in the previous relationship with the dominus. While the non-attribution of the action to the commodatary finds its justification in the fact that he had not the detention by the will of the dominus. Moreover, the different solution mentioned in D. 47.2.14.8 and D. 4.9.4 pr., in which the actio furti is denied to the folder, may be explained by the fact that in D. 47.2.48.4, unlike the other two texts, reference is made to a furtum usus. The consequence is that, in this case, the fullo would keep a valid interest for active legitimacy to the actio furti.