РИМСКАТА ИДЕЯ ЗА „ПЕРПЕТИУРАНЕ НА ЗАДЪЛЖЕНИЕТО“ И ПРОБЛЕМЪТ С ДОГОВОРНАТА ОТГОВОРНОСТ
Author(s): Riccardo Cardilli
THE ROMAN IDEA OF THE 'PERPETUATION OF THE OBLIGATION' AND THE PROBLEM OF CONTRACTUAL LIABILITY
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Canon Law / Church Law, Philosophy of Law, Maritime Law, Commercial Law, Comparative Law, Administrative Law, Labour and Social Security Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: obligation; contractual liability.
Summary/Abstract: The perpetuatio obligationis is the result, in a terminology proper to the jurisprudence subsequent to the veteres, of a creative interpretation of the late-republican jurisprudence which will assume in the subsequent tradition the relevant qualification of constitution veteris. The terminological formulation may also have had a modernization in the writing of the Severian jurist Paul, but without altering its dogmatic meaning. It is an up-to-date expression of what was technically the effect of the constitutio veterum on the level of the claimant in the event of perishing of the thing object of the rem dare oportere for a cause attributable to the debtor. The veteres believed, that the persistence of actionability with condictio of the rem dare oportere was based precisely on the idea that rem dare oportere was perpetuated even though the due thing perished.
- Issue Year: 2021
- Issue No: 1
- Page Range: 70-95
- Page Count: 26
- Language: Bulgarian