The thesis faces the theme of the monetary intermediation of the bankers in the Roman Law era. In particular, the work focuses on the receptum argentarii, the promise of payment issued by a Roman banker on account of his client and in favour of a third person. In spite of the severe scarcity of historiographical sources, Lenel’s palingenetic studies have determined a breakthrough in the study of the receptum argentarii, thus permitting some hypothesis on its concrete function in the Roman legal and economic practice. The thesis investigates the main sources and scholarly opinions about the receptum in the attempt of providing a comprehensive overview and achieving a deeper understanding ot the theme. Being the receptum always linked to a ratio (the Roman “bank account”) and owing to the extremely strict liability of the banker towards the creditors, the banker’s promise was a significantly ductile legal institute. The research shows that the promise of payment issued by a banker should be considered not only as a form of suretyship, but also as a means of fulfilment through a third party, with the argentarius acting simultaneously as a guarantor and as a payment intermediary of his customer. In conclusion, although direct archaeological and historiographical evidence is still missing, the thesis argues the receptum argentarii was probably used as a payment instrument at least in the classic and post-classic period of the Roman law era.

PER ARGENTARIUM SOLVERE - Osservazioni per una rivisitazione del receptum argentarii

PEDONE, MICHELE
2017

Abstract

The thesis faces the theme of the monetary intermediation of the bankers in the Roman Law era. In particular, the work focuses on the receptum argentarii, the promise of payment issued by a Roman banker on account of his client and in favour of a third person. In spite of the severe scarcity of historiographical sources, Lenel’s palingenetic studies have determined a breakthrough in the study of the receptum argentarii, thus permitting some hypothesis on its concrete function in the Roman legal and economic practice. The thesis investigates the main sources and scholarly opinions about the receptum in the attempt of providing a comprehensive overview and achieving a deeper understanding ot the theme. Being the receptum always linked to a ratio (the Roman “bank account”) and owing to the extremely strict liability of the banker towards the creditors, the banker’s promise was a significantly ductile legal institute. The research shows that the promise of payment issued by a banker should be considered not only as a form of suretyship, but also as a means of fulfilment through a third party, with the argentarius acting simultaneously as a guarantor and as a payment intermediary of his customer. In conclusion, although direct archaeological and historiographical evidence is still missing, the thesis argues the receptum argentarii was probably used as a payment instrument at least in the classic and post-classic period of the Roman law era.
2017
Italiano
PETRUCCI, ALDO
Università degli Studi di Siena
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14242/87877
Il codice NBN di questa tesi è URN:NBN:IT:UNISI-87877