Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2020.57.138.957
Remissio mercedis and the impact of changed circumstances on liabilities from lease agreements in Roman law
Tomislav Karlović
orcid.org/0000-0003-1846-1318
Andrea Balić
Sažetak
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.
Ključne riječi
remissio mercedis; locatio fundi; contract of lease; hardship; clausula rebus sic stantibus
Hrčak ID:
245689
URI
Datum izdavanja:
29.10.2020.
Posjeta: 1.463 *