ROMAN MUUTUM LIKE A BASIS OF MODERN LOAN CONTRACT Cover Image

РИМСКИЯТ MUTUUM КАТО ОСНОВА НА ДОГОВОРА ЗА ЗАЕМ В СЪВРЕМЕННОТО ПРАВО
ROMAN MUUTUM LIKE A BASIS OF MODERN LOAN CONTRACT

Author(s): Marija Ignjatović
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Human Rights and Humanitarian Law, Law on Economics
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Loan contract; roman law; mutuum; property law; contract law;

Summary/Abstract: The loan contract is among the most important treaties of modern contractual law. Its significance is confirmed by the fact that this contract is often examined after the contract of sale which is the most important contract of the property law. Although the use of another's belongings was known in the oldest generic-tribal structure of society, the roots of the loan contract can be found in Roman law. In other words, today's loan contract incorporates all the features of the Roman mutuum, although almost certainly can be argued that the loan contract is not original Institute of Roman law. That is why, whenever the genesis of the modern loan contract is mentioned the roman law is taken as a starting basis.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 372-390
  • Page Count: 19
  • Language: Bulgarian