DJELIMIČNA NEVAŽNOST PRAVNOG POSLA – ZNAČAJ PRINCIPA “UTILE PER INUTILE NON VITIATUR”
PARTIAL INVALIDITY OF LEGAL TRANSACTIONS – THE SIGNIFICANCE OF THE PRINCIPLE OF 'UTILE PER INUTILE NON VITIATUR'

Summary/Abstract: The article analyses those texts of Roman jurists which reveal the nature of legal effect that legal transactions produce when an element of theirs is partially invalid, for a variety of reasons. The author addresses the question of whether Roman jurists attained the formulation of a general principle under which it may be deduced that a partially invalid legal transaction shall either persist or be declared invalid in whole, i.e. null. The author explores the ways in which the the notable general rule of 'utile per inutile non vitiatur' – 'that which is useful is not rendered invalid by that which is useless', which emerged in the age of reception of Roman law, can be traced to certain sources of classical Roman law.

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