Darowizna remuneratoryjna w rzymskim prawie pandektowym i XIX-wiecznym ustawodawstwie niemieckim
Remunerative Donation in Roman Pandect Law and Nineteenth-Century German Legislation

Author(s): Dagmara Skrzywanek-Jaworska
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: duty of gratitude;remuneration;pandects;Roman civil law;German legislation;remunerative donation
Summary/Abstract: The presented scientific monograph is devoted to remunerative donation (serving to recompense, reward) understood as an assets transfer effected out of gratitude for the boon rendered to the donor or a favour performed on his behalf.The legal structure of this type of donation has a long and complicated history. The perception of its controversial, dual – lucrative and onerous – nature was already well-established in the Middle Ages and, present in the reception process of Roman civil law, has survived to this day.The interpretation of sources of Roman law, in particular the decisions of the jurists Papinian, Paulus and Ulpian, has a vital significance in the historical and legal discussion on this subject.The subject of the publication is the analysis of concepts regarding the nature of donatio remuneratoria, present in the discourse conducted in the field of the nineteenth-century German legal science, mainly among the representatives of the German Historical School and the Pandectists.Historical interpretation of section 534 German Civil Code (BGB) and Article 902 of the Polish Civil Code may be of interest not only to Romanists and historians of law, but also to dogmatists of civil law.

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