Zur Frage der so Genannten 'Theou Bia'

Abstract

[Abstract] This short essay is a contribution to the disputed question of so-called theou bia originated in the edictum provinciale of Gaius. First of all, the fragment (Gai. X ed. prov. D. 19, 2, 25, 6) is studied which dis- cusses the liability of colonus partiarius as well as the act of God called theou bia (force of God). Hence a number of texts in the Institutes of Gaius and in the compilation of Justinian consist of Greek references (considering that, several texts from the Institutes of Gaius and Justinian are cited) the text of Gaius is substantially not a result of an inter- polation. Then the likely origin of the expressions theou bia and vis divina is studied. The Latin expression vis divina is not interpolated since it is referred already by Cicero and Servius. It seems possible that theou bia was well-known even in time of Gaius who might know this Greek expression probably from original context. It is possible, howe- ver, that Justinian’s compilers theou instead of theón in Gai. X ed. prov. D. 19, 2, 25, 6 as well as in Marci. I inst. D. 1, 3, 2 interpolated, (we have to mention that one can read in the original text of Demosthenes dóron theón instead of dóron theou), in order to deno- te the concept of God of the Christianity, but it could be a stylistic difference rather than a substantial one.