Naslov
Arbitral resolution of disputes by good man (bonus vir) in Roman law and European legal tradition

Autori
Milotić, Ivan

Izvornik
Croatian arbitration yearbook (1330-6219) 15 (2008); 169-189

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
arbitration; Roman law; bonus vir; arbitration ex compromisso; amicabilis compositor; amiable compositeur

Sažetak
The aim of this paper is to analyze the legal standard of a good man (bonus vir)within arbitration proceedings in Roman law. Tradition of settling disputes outside the state judiciary has a long tradition in Roman State and it starts with private proceedings where good men (boni viri) acted as arbitrators. The main feature of arbitration of Republican era is the standard of good man (bonus vir), which required an arbitrator with specific qualities. Arbitration conducted by good man was informal purely private and non-enforceable method of dispute resolution based on formally non binding arbitration agreement. In imperial period it was merely substituted by arbitration ex compromisso, based on formally binding and enforceable arbitration agreement. through the activity of medieval scholars and Romanists from 15th till 19th century the idea of arbitration boni viri was slightly adopted and as such incorporated into the legal systems of major European countries. The author analyzes and discusses main directions of such developement.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA