Rumpere e quasi rumpere tra lex e interpretatio
In: Bullettino dell'Istituto di Diritto Romano "Vittorio Scialoja": 7, 2017
This article intends to debate the theory of the dominant doctrine according to the third chapter of the lex Aquilia considers only the “ceterae res”. In the most ancient interpretation of the lex, in fact, Brutus doesn’t extend the “rumpere” to slaves and “pecudes”, but extends the notion of “rumpere”, before related to slaves and “pecudes”, to abortion. Brutus uses the expression “quasi rupto” because there isn’t a contact “corpore” with the fetus, a ruptum thing, while Q. Mucius uses “rumpere” because, according to him, there is a contact “corpore” with the equa, a ruptum thing.