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Original scientific paper

https://doi.org/doi.org/10.47960/2637-2495.2025.33.77

EFFECT OF (PRAEPOSITIO) POST MORTEM AT ACTIO INSTITORIA

Mirjana Miškić ; Pravni fakultet Univerziteta u Banjoj Luci


Full text: serbian pdf 226 Kb

page 77-90

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Full text: croatian pdf 60 Kb

page 89-89

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Full text: english pdf 59 Kb

page 90-90

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Abstract

Praepositio as a legal basis for exercising rights and obligations from certain actiones adiecticiae qualitatisis usually established for an (in)determinate period of validity with inter vivos effect. The deadline, as an important element of the praepositio, is not mentioned in the sources. Looking at it from the other side, we don’t even find an explicit prohibition of entering deadlines in the praepositio, so the deadlines were probably introduced in the form of accidentalia negotti. However, how death affected the course of legal contract undertaken on the basis of the praepositio, we will conclude by considering the passages from the Digest that refer to the application of the actio institoria. Did the effect of legal affairs undertaken on the basis of a preposition bind the dominus negotti or his successor after his death?

Keywords

Actio institoria. Praepositio. Post mortem. Trans mortem. Mandate.

Hrčak ID:

346412

URI

https://hrcak.srce.hr/346412

Publication date:

30.10.2025.

Article data in other languages: serbian croatian

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