Teofilo ed il mistero dell''actio Pauliana'

The research focuses on a re-examination of the problems posed by the reconstruction of protection against acts frau-dulent to creditors in Roman law, with an examination of the scholia ad PTh. 4.6.6, which has not been adequately addressed by Romanist doctrine to date, in order to reconstruct Theophilus’s lesson in the first course on Imperial Insti-tutions, and in particular on I. 4.6.6, after Omnem: the Byzantine sources – which show that in D. 22.1.38.4 the referen-ce to the Pauliana was not reflected in the official text of the Digest – are not compatible with the commonly accepted idea that the actio Pauliana was, in the 6th century, the result of the merger between the restitutio in integrum ob frau-dem and the interdictum fraudatorium, which in fact continue to be, even when the cognitio requires the concentration of the ancient functions of the praetor and the iudex privatus in the hands of the imperial judge, two functionally di-stinct remedies in line with their history.