Czy w prawie rzymskim istniała instytucja wywłaszczenia?
Institution of Expropriation in Roman Law

Summary/Abstract: The issue of expropriation in Roman law has on numerous occasions been the subject of scientific research. The researchers have tried to explain the meaning of the term expropriation and show its role from a legal and social point of view. In Roman law, expropriation was referred to as publicatio and the right to expropriation was called ius publicandi. Difficulties associated with determining whether expropriation existed in Roman law results mainly from lack of source texts. On the basis of only brief information, various theories are currently being put forward. Some researchers believe that expropriation existed, others deny it. Preserved source texts, although few in number, argue that the institution existed in the Republic. What's more, it can be called the prototype of modern expropriation. It had to fulfill similar and often the same requirements that modern expropriation must meet, and thus there had to be a public purpose, expropriation was a last resort, and the expropriating party was burdened with the liability for compensation.

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