SIMILARITIES AND DIFFERENCES BETWEEN IUS RETENTIONIS AND RELATED INSTITUTES OF ROMAN LAW
SIMILARITIES AND DIFFERENCES BETWEEN IUS RETENTIONIS AND RELATED INSTITUTES OF ROMAN LAW
Author(s): Aleksandra PavićevićSubject(s): Law, Constitution, Jurisprudence, Civil Law, Canon Law / Church Law, EU-Legislation, Commercial Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: ius retentionis; compensatio; exceptio non adimpleti contractus; fiducia; pignus
Summary/Abstract: Ius retentionis in Roman law represents the legal construction recognized sporadically, by decision of the praetor; in order to preserve equity in mutual debtor-creditor relations. Due to the lack of a statutory rule, differentiation from some similar institutes in the doctrine is not clear enough. The author distinguishes ius retentionis of some institutes of Roman Law on Obligations and Real law, which have certain similarities in structure and legal effect with retention. The conclusion is that this institute represents an authentic legal remedy of ius honorarium, which is different from: compensation; objection to an uncompleted contract; fiducia and pignus.
Journal: IUS ROMANUM
- Issue Year: 2019
- Issue No: 2
- Page Range: 764-783
- Page Count: 20
- Language: English