Fonti romane della "procura"
On Roman Sources of "Procura"

Author(s): Giovanni Carlo Seazzu
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Glück; Windscheid; Laband; Iussus; Order
Summary/Abstract: The complex nature of agency rests in power of appointment of the apointer in the appointee, and thus it has the ability to determine legal system in which it occurs, or vice versa, in which does not occur. Contemporary Roman legal science, particularly the most prominent pandectists of the 19th century, Bernhard Windscheid (who utilized contribution of Friedrich Karl von Savigny and Paul Laband) seek sources of agency in Roman law. This important dogmatic and semantic novelty has been achieved by rather limited means: ascribing to Roman iussum meaning of not "order" but of "assigning power" i.e. procura. However, more overview of works of the greatest pandectist of the previous century, Christian Friedrich von Glück call into question Windscheid's textual arguments. Doubt is not overcome upon exploring second note written by Pietro Bonfante, translator of Glück and supporter of Windscheid either, the note that advocates the doctrine of the letter.

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