Rem commodare, realità e contratti reali: prospettive ermeneutiche

The paper aims to study the theme of the real form of concluding the «loan to use» (‘commodatum ’), in response to the positions of some authors, including recent ones, who deny that the commodatum was a real contract in classical Roman law. The essay examines the origins of the contract and its judicial protection (with particular reference to the formulary system). The character of commodatum as real contract is explained in relation to its gratuitousness. In particular, it’s studied the meaning of the inclusion of actio commodati in the Title XVII of Lenel’s reconstruction of Edict. The paper also deals with particular figures such as the alienae rei commodatum, which offer further elements to confirm the majority doctrinal position on the real character of this contract.