More three cases of application of the beneficium competentiae

Abstract

According to the roman sources, the insolvent debtor that suffered the bonorum venditio could be re-executed by it's creditors ex ante gesto, in order to obtain from him full satisfaction of their rights. Due to the determination of "Edital", the insolvent had the beneficium competentiae, inside of the year counted starting from the venditio. The benefit in this case, would just seek to avoid the other former creditors ex ante gesto to invest against the insolvent without scruples, without a minimum of human comprehension. The favour would not save, however, from the debtor the infamous note, once this had already incurred on him due to decretum that had authorized the bonorum venditio. More benign treatment deserved who, in virtue of disposition of Lex Iulia de bonis cedendis, gave its goods to its creditors. Conscious of its insolvency, the debtor could, by asking the judge, to give its goods to the creditors, avoiding that way the infamous effect of forced patrimonial execution and putting away the possibility of eventual personal execution that would probably fall on him, if his goods weren't enough to satisfy the credits. The emancipated sons, deserted and the ones that abstained from the inheritance had, also, the benefit when demands by contracted debts while in potestate. The concession of the benefit to the sons in those conditions seems completely justified and obeys na approach of justice.