The Gaian classification of things corporeal and incorporeal has caused serious difficulties to the interpreters because tangible objects cannot be patrimonial elements – given that the patrimony is composed exclusively of legal interests. In this paper, it will be argued that any rejection of the Gaian taxonomy on this basis is without substance. The classification was built upon the formula of the actiones in rem, which referred to corporeal and incorporeal objects, and was introduced by Gaius in the context of his academic teaching. As such, it should be read in the light of Gaius’s effort to clarify to his students the connections between the law of things and the law of actions. The normative foundation of the classification is likely to lie within the theory of knowledge of the Sceptic Academy.
|Journal||Savigny-Stiftung fuer Rechtsgeschichte. Zeitschrift. Romanistische Abteilung|
|Publication status||Published - 2013|