Il problema della qualificazione giuridica della Divisio Ducatus

The death of the Prince of Beneventum Sichardus (839), victim of a conspiracy, triggers a Civil War that causes the division of the Lombard Principality. With the Divisio Ducatus, Beneventum is assigned to Radalgisus, Salernum to Siginulfus. The debate on the exact legal qualification of this act sets three various opinions against each other: someone considers it a proeceptum concessionis of Radalgisus, some other a donation of private right of Radalgisus to Siginulfus and some other instead thinks that it constitutes an example of international Treaty between the two competitors. In order to resolve this problem, we must analyze the text in connection with proecepta, chartuloe and foedera of the same period. A scrupulous examination of its contents and its shapes demonstrates that, in spite of some certain influences of private law, the document can be defined like an agreement of International Right. From the solution of the problem two important general conclusions can be drawn. The first one regards the Public Law: Divisio shows that among Lombards a proprietary conception of the power did not exist. The second one concerns the International Law: in spite of what many scholars say, in the Middle Ages a particular model of International Law exists.