IN DIEM ADDICTIO IN ROMAN LEGAL TRADITION Cover Image

KUPOPRODAJA UZ PRIDRŽAJ BOLJEG KUPCA (IN DIEM ADDICTIO) U RIMSKOJ PRAVNOJ TRADICIJI
IN DIEM ADDICTIO IN ROMAN LEGAL TRADITION

Author(s): Tomislav Karlović, Ivona Rapić
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Keywords: Contract of sale; emptio venditio; in diem addictio; provision for calling-off a sale in case that the seller will not receive and accept a better offer within a given time; Roman law;

Summary/Abstract: The paper analyses in diem addictio, a provision for calling-off a sale in case that the seller will not receive and accept a better offer within a given time in Roman law. It is elaborated on a number of issues pertinent to in diem addictio, especially to the issue what constitutes a “better offer” and what obligations arise for the parties when the better offer is given. The second part of the paper discusses the possibility of including this provision in contemporary law of sales, specifically in selected legal systems – French, Austrian, German and Croatian law. It is concluded that, in addition to specific regulation of this provision in Austrian ABGB, other legal systems as well provide suitable and sufficient basis for the addition of this provision to the contract of sale, both in the form of suspensive and resolutive condition.

  • Issue Year: 34/2018
  • Issue No: 3-4
  • Page Range: 9-31
  • Page Count: 23
  • Language: Croatian
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