ИЗРАЗИТЕ „RES PERIT DEBITORI“, „RES PERIT CREDITORI“ И „RES PERIT DOMINO“
THE ADAGES „RES PERIT DEBITORI“, „RES PERIT CREDITORI“ AND „RES PERIT DOMINO“
Author(s): Patrick WerySubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, International Law, Human Rights and Humanitarian Law, Canon Law / Church Law, EU-Legislation, Commercial Law, Court case, Comparative Law, Administrative Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Latin maxims; principles; Law of Obligations; contract; transfer of ownership; risk
Summary/Abstract: Many Latin expressions and maxims are used in the legal literature dedicated to the Law of Obligations. But these expressions could not be always perceived literally and without any reserves. Some of these sentences are given a meaning far different from their literal interpretation. Others are redundant and do not add anything to what the legislation already provides. In its judgment of 5 May 1981 the Belgian Court of Cassation declared that 'the Latin maxim does not in itself constitute a general principle of law'. The article examines the Latin maxims "Res perit debitori", "Res perit creditori" and "Res perit domino", which the doctrine uses as principles to explain the theory of risk, which makes a difference between the contracts that transfer property on the one hand and those which do not fullfill such a transfer, as well as between the consequences of force majeure for the obligations of the debtor and between the contract itself.
Journal: IUS ROMANUM
- Issue Year: 2020
- Issue No: 2
- Page Range: 152-174
- Page Count: 23
- Language: Bulgarian