Original scientific paper
https://doi.org/10.30925/zpfsr.39.2.2
CONTRACTUAL OBLIGATIONS IN THE STATUTE OF LASTOVO
Anamari Petranović
; University of Rijeka, Law Faculty, Rijeka, Croatia
Abstract
Analyzing the provisions of the Statute of Lastovo (a. 1310), the Author presents some features of the contractual obligations particularly emphasizing the statutory details (identified / confirmed by more recent regulation) as indicators of concrete contemporary accents of the economic circumstances and life priorities of Lastovo. The elements of analysis relate to the restrictions of legal commerce (status of contractor, restraints considering the position of foreigners, particularities referring goods / trade items, price restrictions as well as certain legal solutions in deviations from the consensual aspect (elements of publicity, sale proclamation, status of notarial document, data in communal / chancellor records) conclusion of the contract “per
aptago”. The Paper offers notes of prerequisites of contractual validity (frame involving stated criminal law elements since the consequence of nullity might also be associated with the pattern of sanctions for non-observance of mandatory requirements of legal transactions). Further, the Paper refers to certain determinants regarding protection of the rights of authorized parties (priorities in res acquiring - right of pre-emption/redemption) by standards of sale announcement (available intervals appropriate for the inhabitants / residents of the island), the issue of open bidding as well as the regime of the invalidity of hidden/concealed sales as an additional limitation implying disposition of immovables.
Keywords
The Statute of Lastovo; contracts; Roman law; Croatian medieval law
Hrčak ID:
204627
URI
Publication date:
27.8.2018.
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