Iusta causa traditionis: Obligačný právny úkon zaväzujúci k prevodu vlastníctva alebo účel odovzdania?
Iusta causa traditionis: Obligation Relationship or Purpose of a Delivery?

Summary/Abstract: Misunderstanding of what the classical Roman law understood as an iusta causa traditionis, led since the glossa to the conclusion that the putative causa traditionis was as good as an actual iusta causa traditionis (the traditio transferred the ownership although the cause which the parties believed to exist did not exist in fact). Using the example of dotis datio, the paper presents the Roman system of iustae causae as a system of purposes of the delivery that explains, why the classical Roman law did not need the construct of putative cause to allow the traditio dotis causa to transfer the dominium although the dowry was not valid due to an impediment to marriage.

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