Riflessioni di Ulpiano intorno ad un tertium genus tra deiectum vel effusum e positum aut suspensum

Tis paper focuses, in particular, on some fragments from book 23 of Ulpian’s commentary ad edictum, in which the hypothesis of an action modelled on elements from the clauses of the edict of deiectum vel effusum and positum seems to emerge. We propose, therefore, to investigate the elements of this tertium genus, highlighting the differences between Ulpianus’ approach and that of the republican jurist Servius.