DATIO IN SOLUTUM NECESSARIA В РИМСКОТО ПРАВО. РАЗВИТИЕ И НАСТОЯЩЕ – СРАВНИЕЛЕН АНАЛИЗ
DATIO IN SOLUTUM NECESSARIA IN ROMAN LAW. DEVELOPMENT AND COMPARATIVE LAW PERSPECTIVE
Author(s): Verónica Daniela Díaz SazoSubject(s): Law, Constitution, Jurisprudence, History of Law, 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: datio in solutum; aliud pro alio; beneficium dationis in solutum.
Summary/Abstract: This research aims to analyze the figure of the datio in solutum necessaria from its origins to the present. All this, from the terminological and practical origin of the datio in solutum, but focusing specifically on the datio in solutum necessaria. The legal figure of datio in solutum necessaria finds its origin, according to the majority doctrine, after Justinian, so it is intended to systematize its evolution until today. In modern times, the datio in solutum necessaria is not estipulated in most legal systems, with voluntary payment being the option regulated by most of the current Civil Codes. However, it is intended to demonstrate that there are legal systems that remain faithful to Justinian Roman law when it comes to providing the datio in solutum necessaria in an express manner in their legal systems.
Journal: IUS ROMANUM
- Issue Year: 2021
- Issue No: 1
- Page Range: 665-691
- Page Count: 27
- Language: Bulgarian