Remarks on the Reasons of Commissoria Rescindenda (CTh. 3, 2, 1 /=Brev. CTh. 3, 2, 1 = CJ. 8, 34, 3/)
Remarks on the Reasons of Commissoria Rescindenda (CTh. 3, 2, 1 /=Brev. CTh. 3, 2, 1 = CJ. 8, 34, 3/)
Author(s): Magdolna Sič (Szűcs)Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Scientia Kiadó
Keywords: lex commissoria; commissoria rescindenda; pledge; corruption; Roman law
Summary/Abstract: On the prohibition of contracting lex commissoria (commissoria rescindenda), there is only one unclear Constantine’s constitution. It is unusual because in the post-classical legislation the important measures were repeated several times. Since the preamble of the constitution was cut out by the compilers, the reason of its issuance is unknown. The general opinion is that it was introduced to protect the debtor against the pressure of his powerful creditor. As this prohibition was accepted by modern civil codes and today its effect is questionable, the author is searching for more direct reasons of the issuance of this rule based on other texts and on the social and economic circumstances.
Journal: Acta Universitatis Sapientiae, Legal Studies
- Issue Year: 3/2014
- Issue No: 1
- Page Range: 91-112
- Page Count: 22
- Language: English