ВЛИЯНИЕТО НА РИМСКОТО ПРАВО ВЪРХУ ТЪРГОВСКАТА И БАНКОВАТА ДЕЙНОСТ В НОВИЯ СВЯТ
INFLUENCE OF ROMAN LAW ON BUSINESS AND BANK ACTIVITIES IN NEW WORLD

Summary/Abstract: As Fadda says, we should not believe that in Ancient Rome commercial law has been developed in the modern sense of the word, but we have to research how the Roman law has elaborated at various stages of its development and for the needs of trade particular norms, that allow us to understand and teach this discipline in Modern times. This article analyzes some protection measures introduced in the commercial and banking activities of Rome. This is the case for the debtors who are under a loan agreement (mutuum) who have been granted exceptio non numeratae pecuniae in order to limit the ability of the borrowers. By means of this remedy, the burden to prove is transferred to the lender, who has to prove that a numeratio has been carried out. The other measure considered is the receptum argentarii, which allows two distant and unaware persons to enter into contracts for sale through a banker. Finally is presented the situation of the bankers during the rule of Justinian. They were passing a serious crisis, and in order to protect credit relations, Justinian sets out measures in favor of bankers, which are politically necessary but legally controversial. The three analyzed cases are about the reception that these measures had or could have in the modern situation of the Argentine Republic.

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