Riflessioni su D. 30.84.5 (Iul. 33 dig.)

This paper examines D. 30.84.5 (Iul. 33 dig.), concerning the sale by an heir of a slave already bequeathed to the buyer. The analysis focuses on the qualification of the legacy as a legatum per damnationem and on the different effects of the concursus causarum in the three cases outlined by Julian. Particular attention is paid to the relationship between the actio empti and the actio ex testamento, as well as to the restitution obligations arising from the purchase of the slave ex testamento. The passage thus shows how the concursus causarum between causa onerosa and causa lucrativa raises specific issues concerning the coordination of the different causes and the remedies arising from them, particularly with regard to the restitutions necessary to ensure the effective attribution of the slave to the legatee.