D. 1, 3, 28 (Paul. 5 ad legem Iuliam et Papiam) – Retroactive interpretation and the leges Iulia et Papia Poppaea

Among different forms of retroactivity and their regulation, retroactive interpretation was one of the forms that have been already mentioned in Roman law. Apart from the Justinian’s Novels, which provided specifically for the authentic (retroactive) interpretation, retroactive interpretation is expressly dealt with in the D. 1, 3, 28 (Paul. 5 ad legem Iuliam et Papiam). This very short fragment is a part of the title on the sources of law; however, it stands out among the other opinions selected to represent principles of the interpretation, prescribing the use of more recent laws in the interpretation of those preceding them. In this paper we shall try to clarify the original meaning of this statement, with reference to its original subject matter, lex or better said leges Iulia et Papia (Poppaea), the Roman family legislation with important repercussions in the field of succession law, i.e. in the form of the introduction of escheated property (bona caduca). It is discussed the temporal argument in the Paul’s commentary regarding the sequence of two acts and its specific goals. Furthermore, it is pointed to the Justinian’s legislation abrogating the rules on bona caduca and how it might help in possibly offering some more specific background for this rule.