Divergenze ‘apparenti’ e soluzioni dei giuristi bizantini. Note sul perfezionamento del mutuo nel cd. contractus mohatrae

The paper examines the issue of loan completion in the so-called contractus mohatrae, focusing on the fragments preserved in D. 12.1.11 pr. and D. 17.1.34 pr., which are generally regarded as expressing conflicting solutions. It investigates how Byzantine jurists interpreted and sought to resolve this apparent contradiction. Through an analysis of their dogmatic views, the paper highlights both the significance and the gradual development of the Byzantine debate, paying particular attention to the position of Theophilus. On this basis, it suggests that the divergence between the two classical fragments may be less certain than is commonly assumed.