Un altro esempio di capita geminata: D. 39, 5, 20, 1 (Marcell. 22 dig.) e D. 35, 2, 46 (Ulp. 76 ad ed.) e la compilazione del Digesto

The essay examines the relationship between D. 39, 5, 20, 1 (Marcell. 22 dig.) and D. 35, 2, 46 (Ulp. 76 ad ed.) related to C. 6, 50, 19, one of the constitutiones ad commodum propositi operis pertinentes. It is a case of capita geminata in which, although it is possible to find an evident derivation of the Ulpian’s fragment from Marcellus’, the relationship between the two texts must be evaluated considering the Justinian constitution of 532 with which it is sanctioned to eliminate the ambiguitas of the antiquae leges. The probability that C. 6, 50, 19 was inspired by the reading of the Ulpian’s text shows that the scanning made by the compilers on the Libri ad edictum had practically come to an end in October 532.