Original scientific paper

https://doi.org/10.3935/zpfz.69.3.02

Philosophical Background of the Condictio Claims in Classical Roman Law

Henrik-Riko Held orcid.org/0000-0002-6217-2655 ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

In this article the author analyses the problem of the philosophical background of the condictio claims in classical Roman law from three different aspects. First he deals with the issue of the apparent origins of the philosophical principles and concepts associated with condictio claims in sources such as ius naturale, aequitas, natura, etc. After dismissing the possibility of their postclassical origin, the focus of the analysis shifts to the possible influences of certain Greek philosophical schools on them, namely the Peripatetics and the Stoics. Finally, the actual reach of such influence is discussed.

Keywords

condictio; unjustified enrichment; ius naturale; aequitas; Roman law

Hrčak ID:

222627

URI

https://hrcak.srce.hr/222627

Publication date:

10.7.2019.

Article data in other languages: croatian

Visits: 2.787 *