IN DIEM ADDICTIO IN ROMAN LEGAL TRADITION

Authors

DOI:

https://doi.org/10.25234/pv/6898

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

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.

Author Biographies

Tomislav Karlović, Faculty of Law, University of Zagreb, Ćirilometodska 4, 10000 Zagreb, Republic of Croatia

Chair of Roman Law, Associate Professor

Ivona Rapić, Rapić savjeti j.d.o.o., Augusta Cesarca 89, 44000 Sisak, Republic of Croatia

LLM

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Published

2018-12-26

Issue

Vol. 34 No. 3-4 (2018)

Section

Orginal scientific article

License

Copyright (c) 2018 Tomislav Karlović, Ivona Rapić

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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Authors retain the copyright on the papers published in the Journal, but grant the right of first publication to the Journal. Papers accepted for publication or already published in Pravni vjesnik of the Faculty of Law in Osijek may be published by the author(s) in other publications only with proper notice of its previous publication in Pravni vjesnik.