Original scientific paper
https://doi.org/10.32984/gapzh.11.1.1
Transfer of Ownership fiduciae causa and causa donationis
Tomislav Karlović
orcid.org/0000-0003-1846-1318
; Faculty of Law, University of Zagreb
Abstract
The author elaborates the issue of the scope and significance of the transfer made (fidi) fiduciae causa in Roman law, taking into consideration sources related to the included purpose of the transfer – causa donationis. The analysis focuses on the texts from the Justinian’s Digest that originally dealt with the fiducia in which either the final or intermediary stage in the fulfilment of fiduciary’s obligation was accomplished for the purpose of donation. The study analyses their contents and the manner in which the effects of causa fiduciae, most importantly the right of action, were exclusive towards other causes, viz. causa donationis. Special attention is paid to Ulpian’s text D. 39, 5, 18 pr.-2, as an example of negotium mixtum cum donatione, in which the development of the relationship between fiducia and causa donationis may be discerned. In conclusion, final remarks are given on the role and place of causa fiduciae.
Keywords
fiducia; fiducia cum amico; fiduciae causa; causa donationis
Hrčak ID:
247582
URI
Publication date:
10.12.2020.
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