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- Title
O PRAVNOJ NARAVI I KONSTRUKCIJI FORMULE ACTIO FIDUCIAE.
- Authors
Karlović, Tomislav
- Abstract
In this paper, it is discussed the issue of legal nature of actio fiduciae and the construction of the formula of this lawsuit in Roman law. First part of the paper deals with the problem of legal nature of the action, whereby the contrary theses - whether it was in ius or in factum concepta, or there were both formulas - are critically analysed. After elaborating the arguments for the sole existence of one, in ius formula, the second part of the paper focuses on the three general models and the modes of incorporation of words „ut inter bonos bene agier oportet" within its text. This is followed by the author's proposal of the construction of formula of the actio fiduciae and the concluding remarks.
- Subjects
ACTIONS &; defenses (Law); ROMAN law; ARGUMENT; VOCABULARY
- Publication
Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu, 2022, Vol 59, Issue 2, p229
- ISSN
0584-9063
- Publication type
Article
- DOI
10.31141/zrpfs.2022.59.144.229