Acceso usuarios
Lucio Parenti
The paper analyses a decision of Ulpian, contained in D. 47 .2.48.4, in which the "actio furti" is attributed to "fullo"/thief , and aims at identifying the ratio of Ulpian's opinion. ln particular, the reason of the action of "fullo" is found in a 'causa honesta ', namely in the previous relationship with the "dominus". While the non-attribution of the action to the commodatary finds its justification in the fact that he had not the detention by the will of the "dominus" . Moreover, the different solution mentioned in D. 47.2.14.8 and D. 4.9 .4 pr., in which the "actio furti" is denied to the folder, may be explained by the fact that in D. 47.2.48.4, unlike the other two texts, reference is made to a "furtum usus". The consequence is that, in this case, the "fullo" would keep a valid interest for active legitimacy to the "actio furti"
