Defective Cover and Underlying Debt Relationship in the Context of delegatio obligandi: A Comparison of D. 44.4.7.1 and § 1402 ABGB (Austrian Civil Code)
Defective Cover and Underlying Debt Relationship in the Context of delegatio obligandi: A Comparison of D. 44.4.7.1 and § 1402 ABGB (Austrian Civil Code)
Author(s): Michael BinderSubject(s): Law, Constitution, Jurisprudence, Civil Law, Roman law
Published by: Evropská společnost pro právní dějiny, z.s.
Keywords: Roman law; Austrian civil law; delegation; double defect; dolo facit; qui petit quod redditurus est; circuit of actions;
Summary/Abstract: After the acceptance of a delegatio, the obligee obtains a claim against the drawee. In general, the drawee cannot raise an objection that is based on the cover relationship or on the underlying debt relationship. This article analyses whether the drawee (the defendant) could bring forward an objection against the obligee (the plaintiff) if a defect has occurred in the cover relationship and the underlying debt relationship. Firstly, it is necessary to discuss the decisions of Roman jurists in this context, and subsequently, a legal comparison with Austrian civil law is made.
Journal: Journal on European History of Law
- Issue Year: 15/2024
- Issue No: 2
- Page Range: 194-200
- Page Count: 7
- Language: English
