ТЕОРИЈЕ О ПОРИЈЕКЛУ МАНДАТА
THE THEORIES ABOUT THE ORIGIN OF MANDATUM

Summary/Abstract: Mandatum, as an imperfect bilateral contract deviates from reciprocity rule which is dominant among consensual contracts. Putting these two facts together, imperfect bilaterality and consensuality raise the main question of the origin of this contract. Was there, in civil law, an institute similar to mandatum, which was according to its characteristics transformed by Roman legalists into an institute available to foreigners, regulated by bona fide principles, but which preserved gratuitousness, as an essential determinant of legal nature of the contract, since its origins stem from friendship and duty? Reliable answer is possible only if romanistics reaches new sources which will confirm already existing hypotheses arising from a number of theories about the origin of mandatum.

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