La nozione di 'servus fugitivus' in Ulp. 1 ad ed. aed. cur. D. 21.1.17 pr.-16.

[Machine translation] In Ulp. 1 ad ed. ed. ed. cur. D. 21.1.17 pr.-16 the largest surviving articulation of classical jurisprudence on the notion of 'servus fugitivus' is preserved. The exegesis of the text makes it possible to identify in the literary genre of commentary on building editorial clauses the main source of reference for the reconstruction of the notion under consideration, following the development that leads it from the memory of the most ancient late-republican configuration to that established in the imperial age by Sabinian-Proculian reflection. This contribution aims to overcome the deep-rooted doctrinal orientation that identifies the indefectible requirements for the configuration of the servant as a “fugitive” in the necessary presence of the materiality of the conduct and the intentional element: without prejudice to the reflection of jurists even on the above-mentioned elements, in fact, the analysis of the Ulpian paragraphs makes it possible to identify the real element of novelty of the jurisprudential elaboration on the subject, in particular between the Julio-Claudian and Flavian ages, in the deepening of the issue relating to the removal of the servant from the domain's sphere of control.