Riflessioni sulla disposizione dell'eredità futura (?). Nuovi spunti palingenetici per l'esegesi di D. 18.4.11 (Ulp. 32 ad ed.)

Considering the hypothesis mentioned in D. 18.4.11 (Ulp. 32 ad ed.), the essay deals with the issue that arises from the relationship between the sale of future inheritance and the aleatory sale of it. After emphasizing the critical points of the traditional doctrinal interpretations, it is suggested to place the fragment immediately after D. 19.1.13.5 (Ulp. 32 ad ed.), and thus make a modification to Lenel's palingenetic reconstruction (in which D. 18.4.11 is put after D. 19.1.11.18 [Ulp. 32 ad ed.]). The proposal would both give to Ulpian's fragment a more coherent meaning rather than the one deriving from the context in which Lenel places it and exclude that it could be seen as a rule referring to the contractual availability of the future inheritance.