Original scientific paper
Revocatio and renuntiatio
Mirela Šarac
; Faculty of law, University of Split, Split, Croatia
Marlon Macanović
; Brodosplit-Brodogradilište, Split, Croatia
Abstract
The article discusses the still controversial issue of the possibility of unilateral revocation or renunciation of contract of mandate (mandatumI in Roman law. Although the mandate is based on mutual agreement, trust and friendship, the parties did not have equal rights to revoke or renounce the contract at any time. This view held by Roman lawyers is seen not only in terminological difference (revocare - renuntiare) but also in different requests relating to the admissability of revocation. The mandator's right to revocation re integra is irrefutable, however, the renuntiation by the mandatary has raised a dilemma. Whereas classic jurisprudence mentioned certain circumstances as examples when the mandatary was allowed to renounce an obligation that had been accepted, with time, with the ever increasing honorarium awarded to the mandatary, this right was gradually limited, especially starting from late classic law. Judging by Paul's Sentences and Justinian's Institutes, the rule that prevailed in post-classic and Justinian's law was that the mandatary could renounce re integra only under special circumstances after submission of iusta causa renuntiationis.
Keywords
Roman law; mandatum; revocatio; renuntiatio
Hrčak ID:
65248
URI
Publication date:
22.2.2011.
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