LEGAL CONTRACT: INTRODUCTION AND THEORETICAL OVERVIEW WITH A SPECIAL REFERENCE
TO WORKS OF EMILIO BETTI Cover Image

ПРАВНАТА СДЕЛКА: ВЪВЕДЕНИЕ, НАУЧЕН И ТЕОРЕТИЧЕН ПРЕГЛЕД СЪС СПЕЦИАЛНА ПРЕПРАТКА КЪМ СЪЧИНЕНИЯТА НА EMILIO BETTI
LEGAL CONTRACT: INTRODUCTION AND THEORETICAL OVERVIEW WITH A SPECIAL REFERENCE TO WORKS OF EMILIO BETTI

Author(s): Juan M. Alburquerque
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: legal contract; Roman law; elements; Pandectistics;

Summary/Abstract: The critical view, shared by some researchers, made it necessary to give a more complete and detailed outlook to some theoretical achievements, connected to the nature of the legal contract, which were considered to be entirely accepted and established within the legal doctrine up until recently. In its first part the article presented makes a critical analysis of the common theoretical opinions in the field of Roman law and also goes it depth into the viewpoints of some of our pioneer researchers and teachers, yet also includes some thoughts upon the newest scientific trends. Then the author presents the different scientific positions, connected to the topic of the legal contract, with specific attention to the works of Emilio Betti, Vittorio Scialoja and Ursicino Alvarez Suarez. In its conclusion the author summarizes both the differences and the similarities in the opinions of these researchers, while keeping in mind Betti's idea about the development of the theory of legal contracts through the historical-dogmatic method.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 137-160
  • Page Count: 24
  • Language: Bulgarian