Original scientific paper
https://doi.org/10.3935/zpfz.75.6.5
Iusiurandum and the Liability for Eviction in the Documentary Practice of fiducia
Tomislav Karlović
orcid.org/0000-0003-1846-1318
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Already by the end of Republic, creditors in commercial transactions in Rome relied extensively on real security instruments, fiducia and pignus. Their use is testified to by the preserved tablets dating from the 1st century AD. Among the tablets on fiduciary transfer of ownership (fiducia cum creditore), two of them, the mancipatio Pompeiana and Tabula Herculanensis 65, in their initial part, contain an oath that the object belongs to the debtor, solely, and is not encumbered by any real burdens. The oath, iusiurandum, in the latter case was made – per Iovem et numina deorum et genium Neronis Claudi Caesaris Augusti. Taking into account earlier studies on the role of iusiurandum, it is investigated into the purpose and the effects of such an oath at the conclusion of a contract (extra-procedurally), in relation to the applicability of actio fiduciae contraria in enforcing the liability for eviction, and with regard to the inclusion of the genius of the Emperor, next to Jupiter and the numina deorum. These oaths are also set against the ones documented in the Tabulae Pompeianae Sulpiciorum 54, 63 and 68 and their role.
Keywords
fiducia; fiducia cum creditore; iusiurandum; genius Caesaris; liability for eviction
Hrčak ID:
345029
URI
Publication date:
2.3.2026.
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