Die Entstehung der Teilnichtigkeitsproblematik in dem antiken griechischen und römischen Recht
The Emergence of the Problem of Partial Invalidity in Ancient Greek and Roman Law

Summary/Abstract: The important practical and doctrinal question of whether a legally objectionable flaw in a contract relating only to a specific part of the contract should deprive the whole contract of legal effect or the unflawed part should be recognised as viable, was also raised in the ancient laws that form the basis of modern law. Of course, partial invalidity did not evolve into a separate legal institution, but this issue was addressed in ancient Greek and Roman law and solutions were applied that are also useful for today’s modern legal systems. Tracing the origins of this issue in ancient Greek and Roman law will serve the better understanding of the rules of partial invalidity in modern legal systems.

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