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

Autori
Kasap, Jelena

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Economic and Social Development: 16th International Scientific Conference on Economic and Social Development "Legal Challenges of Modern World" / Primorac, Željka ; Bussoli, Candida ; Recker, Nicholas - Varaždin : VADEA, 2016, 84-97

Skup
16th International Scientific Conference on Economic and Social Development "Legal Challenges of Modern World"

Mjesto i datum
Split, Hrvatska, 01.09.2016. - 02.09.2016

Vrsta sudjelovanja
Ostalo

Vrsta recenzije
Recenziran

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

Sažetak
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.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA