Съвременен прекарий
Modern Precarium

Summary/Abstract: The article deals with the current application of the precarium in Spain. The Roman legal construction of granting property on a gratuitous basis until the owner of the right revokes it, has numerous applications both in the area of administrative and civil law. In Spain, similar to other European countries, the precarium is not regulated by law, however, the caselaw not only refers to this institution, but has even kept its Roman name –precarium. Despite that the precarium is acknowledged to have merged with the gratuitous loan contract (commodatum), in its postclassical roman variant the precarium has kept its vitality from the time of ancient Rome to the modern period.

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