Продажбата на заложено имущество за удовлетворяване на кредитора в римското право
The Sale of Pledged Assets to Satisfy a Creditor in Roman law

Author(s): Krasimir Genov
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: pledged assets; debtor; Roman law; creditor; pignus
Summary/Abstract: The sale of the pledged assets in the event of default by the debtor within the agreed period was a common means of enforcing the lien in the Post-Classical period. If we look the Roman law of pledge in this context, it cannot fail to strike us that this real contract, as it was created and applied by the ancient Romans, has largely survived the ages and has come down to us in the form familiar to the legislatures applying the continental legal system today. The contract of pledge once again demonstrates the perfection of Roman legal thought in the field of security in rem, the prudence and pragmatism of Roman legislators and their desire to guarantee the claims of creditors as far as possible, thereby creating security for the entire civil turnover and at the same time ensuring that the rights of the economically weaker parties to a pledge relationship were not prejudiced.

• Details
• Contents