CONTRAHERE OBLIGATIONEM В КЛАСИЧЕСКОТО РИМСКО ПРАВО
CONTRAHERE OBLIGATIONEM IN CLASSICAL ROMAN LAW
Author(s): Adolfo Wegmann StockebrandSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics, Canon Law / Church Law, EU-Legislation, Commercial Law, Court case, Comparative Law, Administrative Law, Labour and Social Security Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Contrahere obligationem; contractual obligations; cause of the obligation.
Summary/Abstract: This paper intends to demonstrate that it is a mistake to equate the Latin syntagm contrahere obligationem to the modern idea of concluding a contract, phenomenon that entails the formation of a false retrospective construction due to the anachronistic use of a modern dogmatic concept applied to the Roman legal experience. In classical Roman law, the phrase contrahere obligationem referred to the lawful and specific activity carried out by an agent in order to give rise to an obligation, meaning, regarding him, the causa obligationum.
Journal: IUS ROMANUM
- Issue Year: 2021
- Issue No: 1
- Page Range: 47-69
- Page Count: 23
- Language: Bulgarian