engleski

The Influence of Legal and Economic Conditions on the Appearance of the Institute of Precarium in Modern Regulation of Civil-Law

In the collection of legal documents from the period of the medieval Germanic law the terms precarium and precaria are used in almost identical context. It is impossible, however, not to wonder whether, in accordance with the needs of the medieval legal transactions, the original Roman-legal Institute precarium lost its meaning and became an alternative instrument for the realization of property rights interests or, on the other hand, the developed legal trade in the Middle Ages generated a new legal instrument suited to satisfy the requirements of feudal state government. If the relevance of the latter assumption is determined, it is particularly important to distinguish the two legal instruments. Already at first glance it is quite clear that the demarcation of the two instruments is going to be based on the border between the contracting lease of things for the use and characteristics of precarious holding of the things. Therefore, the basic objective of the proposed work is to establish the context in which, when it comes to the modern civil law regulation, the incidence of two different legal terms may be determined.

precarium ; precaria ; Middle Ages ; feudal law ; modern system of civil law

nije evidentirano