Историческо развитие на крайната нужда (от Античността до средните векове)
HISTORICAL DEVELOPMENT OF THE GROSS DISPARITY (FROM ANTIQUITY TO THE MIDDLE AGES)

Author(s): Teodor Peshterski
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Издателство „Сиби“
Keywords: gross disparity; laesio enormis; lésion; fair price
Summary/Abstract: The article examines the most important fragments and rescripts of the Justinian Code (529) and the Digests (533), which lay the foundation of the modern concept of protecting the economically weaker party in contractual relations. Part of this protection is the institution of gross disparity which appeared later. The freedom of contract in the contract of sale in classical Roman law and the exception to this freedom, introduced by two imperial rescripts, are analyzed. Interpretations of these exceptions made by glossators during the Middle Ages are considered. They introduce the term laesio enormis. Their doctrine, the possibility of rescission of the contract for sale of land is provided in cases where there is a significant deviation from the fair price. The doctrine of the glossators, along with the usury, are the basis for the establishment of the institution of gross disparity in modern civil codifications under different names – e. g. Wucher (in German) and lésion (in French), lesión (in Spanish) and lesione (in Italian).

• Details
• Contents