Voluntas - scientia - ignorantia a odpowiedzialność dodatkowa zwierzchnika za zobowiązania kontraktowe podległych mu alieni iuris w prawie rzymskim
VOLUNTAS - SCIENTIA - IGNORANTIA AND THE ADDITIONAL LIABILITY OF HEAD OF FAMILY/ SLAVE OWNER FOR THE CONTRACTUAL OBLIGATIONS MADE BY PERSONS UNDER HIS POWER (ALIENI IURIS) IN ROMAN LAW

Summary/Abstract: In Roman law the liability for contractual obligations was initially based on the objective premise - the creation of the vinculum iuris (legal bond). During the development of the system of formulary procedure the praetor began to consider the subjective premises of obligation liability, such as voluntas,scientia or ignorantia agens. As for the additional liability in Roman law, this kind of liability may have resulted from the ignorantia, scientia or demonstrated voluntas of head of family/slave owner. These subjective bias’s of the contractual liability diversified its scope - from the lesser degree (based on de peculio, de in rem verso) through tightened (on the base of in tributum vocari)up to most wide scope of liability (in solidum) based on the voluntas of the head of family/slave owner. The voluntas should be always demonstrated, in the case of scientia the declaration of will was needed only in the case of opposition from the head of family/slave owner. Precise differentiation of the subjective bases of the additional liability of superior is the effect of the interpretation of the edict of praetor urbanus by classical jurists.

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