Quia interest nostra potius non solvere quam solutum repetere. A Case Study on the Limits of compensatio in Roman Law and Austrian Civil Law
Quia interest nostra potius non solvere quam solutum repetere. A Case Study on the Limits of compensatio in Roman Law and Austrian Civil Law

Summary/Abstract: In certain legal situations, the defendant (the debtor) has a counterclaim against the plaintiff (the creditor). However, not every counterclaim enables the defendant to successfully raise an objection (exceptio). The concept of compensatio is recognised in Roman law and Austrian civil law, and furthermore, the legal maxim dolo facit, qui petit quod redditurus est, is applicable in both Roman law and Austrian civil law. In this article, cases involving a compensatio or the legal maxim dolo facit, qui petit quod redditurus est are analysed. Following the analysis of these cases, a distinction between the concept of compensatio and the legal maxim dolo facit, qui petit quod redditurus est is made.

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