Original scientific paper
https://doi.org/10.25234/pv/6898
IN DIEM ADDICTIO IN ROMAN LEGAL TRADITION
Tomislav Karlović
orcid.org/0000-0003-1846-1318
; Associate Professor, Chair of Roman Law, Faculty of Law, University of Zagreb, Ćirilometodska 4, 10000 Zagreb, Republic of Croatia
Ivona Rapić
orcid.org/0000-0003-4806-2633
; Rapić savjeti j.d.o.o., Augusta Cesarca 89, 44000 Sisak, Republic of Croatia
Abstract
The paper analyses in diem addictio, a provision for calling-off a sale in case that the seller will not receive and accept a better offer within a given time in Roman law. It is elaborated on a number of issues pertinent to in diem addictio, especially to the issue what constitutes a “better offer” and what obligations arise for the parties when the better offer is given. The second part of the paper discusses the possibility of including this provision in contemporary law of sales, specifically in selected legal systems – French, Austrian, German and Croatian law. It is concluded that, in addition to specific regulation of this provision in Austrian ABGB, other legal systems as well provide suitable and sufficient basis for the addition of this provision to the contract of sale, both in the form of suspensive and resolutive condition.
Keywords
Contract of sale; emptio venditio; in diem addictio; provision for calling-off a sale in case that the seller will not receive and accept a better offer within a given time; Roman law
Hrčak ID:
214216
URI
Publication date:
31.12.2018.
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