La 'lex lecta' e il 'mutuum cum stipulatione' nel pensiero di Paolo. Riflessioni tra le pagine di van Eck

Based on the recent translation and commentary of the van Eck’s dissertation De septem damnatis legibus Pandectarum seu Crucibus jurisconsultorum, the article discusses the conclusions reached by the author, in 1682, regarding the Paulus’ controversial text preserved in D. 12.1.40. To this end, the article deepens the questions posed by the mutuum cum stipulatione described in D. 12.1.40 and the solutions discussed by Paulus and his opponents. Morevorer, by examining other sources that testify how Paulus solved, in other places, particularly complex cases of mutua cum stipulationibus, the paper shows that the van Eck’s results are even today largely plausible, although they occasionally need some adjustments. Finally, the paper shows that the van Eck’s results are still able to relaunch the age-old reflection on D. 12.1.40.