Original scientific paper

https://doi.org/10.31141/zrpfs.2022.59.144.229

On the legal nature and the construction of formula of actio fiduciae

Tomislav Karlović orcid.org/0000-0003-1846-1318 ; University of Zagreb, Faculty of Law, Zagreb, Croatia

Abstract

In this paper, it is discussed the issue of legal nature of actio fiduciae and the construction of the
formula of this lawsuit in Roman law. First part of the paper deals with the problem of legal nature of
the action, whereby the contrary theses – whether it was in ius or in factum concepta, or there were
both formulas – are critically analysed. After elaborating the arguments for the sole existence of
one, in ius formula, the second part of the paper focuses on the three general models and the modes
of incorporation of words „ut inter bonos bene agier oportet“ within its text. This is followed by the
author’s proposal of the construction of formula of the actio fiduciae and the concluding remarks.

Keywords

fiducia; actio fiduciae; formula; in ius concepta; in factum concepta

Hrčak ID:

280632

URI

https://hrcak.srce.hr/280632

Publication date:

15.7.2022.

Article data in other languages: croatian

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