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Original scientific paper

Mandatum Pecuniae Credendae

Mirela Šarac ; Pravni fakultet Sveučilištau Splitu
Irena Stanić ; Pravni fakultet Univerziteta u Sarajevu

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page 753-788

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Mandatum pecuniae credendae is a specific type of mandate by which the mandatary undertakes to give a credit to the third person, and at the same time the mandator/surety undertakes to the mandatary/creditor to compensate any loss caused by the fulfilment of mandate. It was formulated by the end of the Republican period as a result of developed commerce and financial transactions and with the aim to create a new type of informal suretyship that could also be concluded inter absentes. While jurists from pre-classical times (Servius Sulpicius Rufus) challenged its legal validity, Sabinus’ opposite opinion was accepted in the classical period. The main reasons for its acceptance were approvals of the loan demands as well as the elimination of imperfections of fideiussio. In case of mandatum pecuniae credendae the litis contestatio with the debtor did not consume the action against the mandator for failure to fulfil his obligation. In late classical and post-classical law, an important convergence of the institute of mandatum pecuniae credendae and fideiussio was reached. The process was completed by Justinian who almost assimilated these institutes. According to the laws of Justinian the mandators were generally entitled to claim the beneficium excussionis, as well as the beneficium divisionis and beneficium cedendarum actionum.


Roman Law, mandatum pecuniae credendae

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