Strumenti processuali a tutela del precario: D. 43,26,19,2 e D. 43,26,2,2

This essay is part of a research on so-called capita geminata, meaning specifically couples of texts that, although coming from the works of different authors, present precise and clearly identifiable textual correspondences. In particular the subject of the investigation is the parallel examination of D. 43, 26, 19, 2 (Iul. 49 dig.) and of D. 43, 26, 2, 2 (Ulp. 71 ad ed.), two passages in which, to protect the precario dans, is added to the normal instrument of the interdictum quod precario, an actio that, in the current version, both scripts qualify as praescriptis verbis. The textual comparison allows us to highlight a direct (and partly textual) derivation of the Ulpian writing from the previous one by Julian and, more generally, to hypothesize a close correlation between Ulpian’s libri ad edictum and Julian’s digesta.