Sul problema della nascita delle obbligazioni onorarie

The paper aims the processing in Roman law of the category of honorary obligation. After having verified a partial permanent validity of the conceptual irreconcilability between obligation and actione teneri, highlighted in the studies of the first half of 1900, the paper examines some Roman sources on the subject. From the picture drawn, emerges the effort of Roman jurists from the first century A.D. to attract the actione teneri into the obligari, as a result reflected that the granting of actions by the roman praetor leads in terms of a juridical-substantial relation. With the jurisprudence of the age of the emperors of the dynasty of the Severi this attraction is functional to the processing of the category of honoraries obligations, which will be considered one of the two genera of the summa divisio now in I. 3.13.1.