Ancient, Medieval and Present Issues in Private Law. On the Example of the Casuistics of Ancient Roman ‘Property Law’ Standing Behind a Medieval Adage in Azo Portius’ Brocardica Aurea called “venire contra factum proprium nulli conceditur” codified i Cover Image
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Antikes, mittelalterliches und gegenwärtiges im Privatrecht. Römische ‚eigentumsrechtliche‘ Kasuistik hinter dem in Azos Brocardica aurea erschienenen und im geltenden ungarischen BGB als allgemeines privatrechtliches Verbot neu kodifizierten Adagium
Ancient, Medieval and Present Issues in Private Law. On the Example of the Casuistics of Ancient Roman ‘Property Law’ Standing Behind a Medieval Adage in Azo Portius’ Brocardica Aurea called “venire contra factum proprium nulli conceditur” codified i

Author(s): József Benke
Subject(s): History, Law, Constitution, Jurisprudence
Published by: STS Science Centre Ltd
Keywords: bona fides; venire contra factum proprium; Brocardica aurea; Azo Portius; good faith and fair dealing; General Principles of Hungarian private law; survival of Roman law institutions.

Summary/Abstract: This contribution investigates how the great achievements of the Roman Antiquity in the field of private law survived in the oeuvre of the Middle Ages’ Legists and then how they were preserved these days’ modern codifications. The example and nonetheless the temporal middle point, through which the paper examines the continuity of legal thoughts was the 13th century Brocardica aurea elaborated by the meaningful Bolognese glossator, Azo Portius. The opus contains an adagium, according to which „venire contra factum proprium nulli conceditur“, i.e. “no one shall act contrary to his or her previous conduct”. The proverb was established on many cases mainly located in Emperor Justinian’s Digest and Codex. The paper classifies many of these cases into the genera of modern legal notions, and analyses detailed some of them belonging to the contemporary private law category of property law. These cases showed that the ancient Roman requirement of bona fides had as strongly dominated even some basic rules of Roman Law as clearly determined the Art 1:3 § 2 of the new Hungarian Civil Code in effect that: “The requirements of good faith and fair dealing shall be considered breached where a party’s exercise of rights is contradictory to his previous actions which the other party had reason to rely on.”

  • Issue Year: 12/2021
  • Issue No: 1
  • Page Range: 130-137
  • Page Count: 8
  • Language: German