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- Title
REMISSIO MERCEDIS I UTJECAJ PROMIJENJENIH OKOLNOSTI NA OBVEZE IZ UGOVORA O ZAKUPU U RIMSKOM PRAVU.
- Authors
Karlović, Tomislav; Balić, Andrea
- Abstract
In the context of studies concerned with the development of clausula rebus sic stantibus, although acknowledging the fact that this legal institute was not present in Roman law, some Romanists have pointed out the remissio mercedis in the lease of land (locatio fundi) as the prominent example when the change of circumstances influenced the obligations of parties in Roman law. Starting with the general characteristics of the contract of lease and the obligations of the parties, the authors analyze in the contral part of the paper the institute remissio mercedis and its basis, taking into account different opinions and arguments for its application. This is especially done from the viewpoint of changed circumstances, leading to the conclusion on the difference in the line of thought about the effects of changed circumstances in the Roman law remissio mercedis and in the medieval clausula rebus sic stantibus.
- Subjects
ROMAN law; LEASES; CONTRACTS; RESPONSIBILITY
- Publication
Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu, 2020, Vol 57, Issue 4, p957
- ISSN
0584-9063
- Publication type
Article
- DOI
10.31141/zrpfs.2020.57.138.957