Naslov
Periculum est emptoris in Crusader Accre around 1150 AD?

Autori
Karlović, Tomislav

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, znanstveni

Izvornik
LXXe Session de la Société Internationale Fernand De Visscher pour l'Histoire des Droits de l'Antiquité “Ius et Periculum - Law as confronted to risk in the Antiquity period” / Chevreau, Emmanuelle - Pariz : Universite Paris II Panthéon-Assas, 2016, 22-22

Skup
LXXe Session de la Société Internationale Fernand De Visscher pour l'Histoire des Droits de l'Antiquité “Ius et Periculum - Law as confronted to risk in the Antiquity period”

Mjesto i datum
Pariz, Francuska, 13.09.2016. - 17.09.2016

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Podatak o recenziji nije dostupan

Ključne riječi
Roman law ; crusader laws ; crusades ; periculum ; contract of sale

Sažetak
Usama ibn-Munqidh, an Arab nobleman from Shayzar who lived in the 12th Century, described in his “Kitab al-I'tibar” (The Book of Contemplation) an episode from his life when he came upon by Muslim captives/slaves in Crusader Accre which he was about to buy, i.e. pay for their release from Frankish lord who has previously bought them from Italian pirates capturing them on sea. As he did not have the needed money to buy them all, he concluded the contract solely for one woman, without paying the price, while for the others the contract would be made upon his return with the money. However, during his absence the captives/slaves escaped so when he returned there was no need to make any contract or make any payments. Nevertheless, the Frankish lord asked and Usama paid for the woman for which the contract had been concluded, and only for her. It is our contention that in this situation, taking account that it should be taken with some reserve as to legal-historical accuracy, the principle periculum est emptoris came to be applied. The issue is, however, what would be the source of its application and if it originated in the Roman law. In this presentation the inquiry is made into the relevant legal systems in Accre around 1150 AD – Crusader laws, Islamic law, Byzantine law and law of Italian maritime city- states – and what was their position with regard to periculum rei venditae.

Izvorni jezik
Engleski

Znanstvena područja
Pravo, Povijest

POVEZANOST RADA