engleski

…et sine fraudatione – imposing limitations in fiducia

In this paper it is dealt with the issue of limitations in the fulfilment of parties’ obligations in fiducia given by the elements of clause „ut inter bonos bene agier et sine fraudatione“ in actio fiduciae. It is proposed the re-evaluation of the role of specific building blocks, focusing among them on „sine fraudatione“ and its original function as the interdiction of fraudulent behaviour of the parties. It is considered that the use of term fraudatio instead of fraus had deeper reasons indicating also its subjective meaning.

Fiducia ; bene agere ; fraudatio ; dolus ; actio fiduciae

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