engleski

Condictio ex paenitentia in the context of manumissio – an exegetic analysis

Condictio ex paenitentia is generally considered to be a postclassical interpolation. Analysis of the relevant fragments from the Digest shows that in determining of the veracity of that assertion, several factors should be taken into account. Most importantly, very specific circumstances of fiducia manumissionis causa, possibility of the exercise of ius paenitendi, as well as the emergence of the innominate contracts in Roman law, and the need for their adequate legal protection.

condictio ex paenitentia; manumission of slaves; condictio causa data causa non secuta; innominate contracts; Roman law

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