Sul c.d. deposito irregolare nel diritto romano

Analysing the textual panorama of classical jurisprudence regarding the so-called irregular deposit, object of divergent doctrinal interpretations, the author notes how various hypotheses regarding this institute are examined in texts by Cervidius Scaevola, Papinian, Paulus and Ulpian (in some, the stipulation of interests is foreseen, probably due to the influence of the Hellenistic παρακαταθήκη), while there is no mention of the institute in earlier classical jurists texts. Against the dominant doctrinal orientation, which attributes the complete configuration of this institute to the Justinian Compilers, the author excludes the existence and operation of the institute in the Justinian era, on the basis of absolute silence on its regulation in the Institutions, in the Paraphrase of Theophilus, in the Justinian constitutions collected in the Code (where the institute is just governed by pre-Constantinean constitutions) and in the Novels; in the latter, there are some hypotheses of consigning money, that can be abstractly included in irregular deposits, especially in banking.