DATIO IN SOLUTUM NECESSARIA IN ROMAN LAW AND THE IUS COMMUNE EUROPAEUM. A SPECIAL REFERENCE TO THE FORAL LAW OF NAVARRA (SPAIN)
Datio in solutum necessaria as a legal figure applicable today, finds its origin in Roman law, specifically, the majority of the doctrine consider that its origin is in the Justinian era. This research aims to show that, despite the fact that most current Civil codes do not stipulate it, this was not always the case, but it rather had a great development and application during centuries. This changed only with the arrival of the realist iusnaturalism and the Movement of the Enlightenment. However, today there are some legal systems faithful to Justinian law.
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