La deroga al divieto di manomissione in frode ai creditori ex lege Aelia Sentia. Una breve nota su status libertorum e interpretatio giurisprudenziale

This study considers the derogation from the prohibition of manumissio cum fraude creditorum. The lex Aelia Sentia establishes that the insolvent debtor can institute heres cum libertate one slave if no other heir exists. The measure arises to protect the poors from the infamia deriving from the forced execution of goods (I. 1.6.1). The rule is perfectly coordinated with the other provisions on status libertorum ex lege Aelia Sentia and Iunia. The slave becomes a citizen even if the conditions exist to get him in numero dediticiorum or he isn't thirty years old, but he suffers forced execution in place of the deceased. Jurists consider numerous cases concerning this provision. In his commentary Ad legem Aeliam Sentiam, Paulus discusses about the prohibition on giving freedom in fraude creditorum in Book III, while the exception is discussed in Book I. Justinian maintained the measure, but the references to the age of the servant and the condicio dediticia must be considered implicitly abrogated.