ЗНАЧЕНИЕТО НА „NATURALIS RATIO AUCTORITATE SENATUS COMMUTARI POTUIT“
И ПЛОДОПОЛЗВАНЕТО НА ПАРИТЕ
THE IMPORTANCE OF “NATURALIS RATIO AUCTORITATE SENATUS COMMUTARI POTUIT” AND USUSFRUCTUS OF MONEY
Author(s): María Asunción Sonia Mollá NebotSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Canon Law / Church Law, EU-Legislation, Commercial Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: usufruct; consumable goods; legacy of aliquot part; senatus consultum on usu-fruct; quasiusufruct; usufruct of nummerata pecunia
Summary/Abstract: The possibility that the usufruct relapses on any good of the heritage was intro-duced by a senatusconsultum the middle of the I century. Apparently this exten-sion affects squarely the nummerata pecunia, but this appraisal needs to be tint-ed, since really the money is not a consumable good, that is to say, that does not disappear with his first use, but it is a good, which usefulness resides in his dis-position and which as other goods on which he arranges stops being in the pat-rimonial assets of the dominus; for it what awards the usufruct of money to the usufructuary is the capacity of disposition which the usufructuary lacks because it is not proprietary. The senatorial decision according to the expression of Gaius censures what he considers to be a “natural reason”: “naturalis ratio acutoritate senatus commutari potuit”.
Journal: IUS ROMANUM
- Issue Year: 2019
- Issue No: 1
- Page Range: 188-209
- Page Count: 22
- Language: Bulgarian