ABSTRACT

During the passage from ius commune to modern codifications, the ability to rescind an agreement stipulated in a state of need becomes an item of complex placement and definition. The post-roman tradition on one side and modern studies on the other, even recently, have attributed to two famous rescripts about minori pretio sales from emperors Diocletian and Maximian a field of application that they had not and could not have had.

Those two rescripts, instead, seem to reveal further and different aspects, deserving of profitable studies in the perspective of the foundations of European law.