Историческо развитие на крайната нужда през Средните векове
Historical development of the Gross Disparity in the Middle Ages

Author(s): Teodor Peshterski
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: gross disparity; just price; market price; laesio enormis; lésion; equality in exchange; extreme necessity
Summary/Abstract: With the rediscovery of the Corpus iuris civilis by the Bolognese glossators in the early twelfth century, the process of the actual development of the concept of gross disparity, named by them as laesio enormis, began. From its limited field of application in the post-classical Roman law it transforms itself into a universal remedy for establishing the just price and restoring the equality in exchange. The glossators managed to develop a rule, which is enforced by means of the ius commune in the secular and ecclesiastical courts throughout Western Europe in the course of more than five centuries.

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