Maiora quis pondera tibi commodavit cum emeres ad pondus. Note a D. 47.2.52.22 (Ulp. 37 ad ed.)

The article is aimed at a thorough analysis of the solution of a legalcase originally offered by Mela and then proposed again by Ulpian, re-garding the lending of pondera maiora, which were used by the borrowerto weigh goods for the purpose of purchasing said goods. Mela identifiesthe lender of the weights as a legitimate subject to an actio furtibroughtin by the seller of those goods; the text also contains an additional remarkthat the borrower/buyer will have to respond to the same action, if he hasscientiaabout the incorrectness of the weights. Examining the various hy-potheses brought forward by scholars so far, a new interpretative key tothe case is offered in an attempt to understand the reasoning that mighthave led Mela to his solution – a reasoning, which possibly might havebeen more sophisticated than recognized until now.