НЯКОИ ДИАХРОНИЧНИ ОТРАЖЕНИЯ НА ДЕФИНИЦИЯТА ЗА ДОГОВОРНАТА ИЗМАМА В РИМСКОТО ПРАВО
SOME DIACHRONIC REFLECTIONS ON THE DEFINITION OF CONTRACTUAL FRAUD IN ROMAN LAW
Author(s): Emmanuelle ChevreauxSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics, Canon Law / Church Law, Philosophy of Law, EU-Legislation, Sociology of Law, Maritime Law, Commercial Law, Court case, Sharia Law, Comparative Law, Administrative Law, Labour and Social Security Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: contract; dolus malus; definition; Labeon.
Summary/Abstract: The French reform of contract law, and in particular the publication of the Ordinance of 10 February 2016 on the reform of contract law, offers an opportunity to make some remarks on the subject of the Roman definitions of dolus malus. In fact, the new Article 1137 of the French Civil Code introduces for the first time the definition of fraud. This is a novelty in the legislation, as the drafters of the Civil Code of 1804 (Napoleon's Code) did not propose any definition of fraud, although Pottier in his "The Doctrine of Bonds" adopted the famous definition of dolus malus by the Roman jurist Labeon. It was formed in the legal doctrine and case law of the XIX century, and for this purpose the Roman legal sources are analyzed.
Journal: IUS ROMANUM
- Issue Year: 2021
- Issue No: 1
- Page Range: 573-597
- Page Count: 25
- Language: Bulgarian