Naslov
The Origins of clausula rebus sic stantibus

Autori
Karlović, Tomislav

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Institutions of Legal History with Special Regard to the Legal Culture and History

Urednik/ci
Béli, Gábor ; Duchonova, Diana ; Fundarková, Anna ; Kajtár, István ; Peres, Zsuzsanna

Izdavač
Pravni fakultet Sveučilišta u Pečuhu ; Institute of History of Slovak Academy of Sciences

Grad
Bratislava : Peč

Godina
2011

Raspon stranica
15-24

ISBN
978-615-5001-38-3

Ključne riječi
clausula rebus sic stantibus, Roman law, Cicero, Seneca, De beneficiis, changed circumstances

Sažetak
The influence of changed circumstances on contractual obligations is generally covered in continental legal literature by the concept of clausula rebus sic stantibus. Although it was not known in Roman law, it has been created during the Middle Ages with reliance on Roman non-legal and legal sources. Canon law built on the theological work of St. Augustine, St. Thomas and later scholastics on the writings of Seneca, and the Civil law doctrine developed around the glosses of Neratius’s fragment D.12, 4, 8 and Africanus’s text D.46, 3, 38pr. As the legal texts theoretically do not really correspond to the idea of clausula, and the relevant part of St. Augustine’s psalm is rather brief, the main objects of this paper are Cicero’s and Seneca’s texts. According to the analysis of both, the emphasis is further put on Seneca’s text, De beneficiis, IV, 34-40, where the elaboration of the problem is more detailed and reflects the similarity in mental process regarding the main features of clausula rebus sic stantibus as it was later construed. The central elements of Seneca’s idea of changed circumstances were close connection with vis maior, the gravity of obstacle as an important element for the justification of breaking one’s promise and the right to abstain from given promise reserved in tacita exceptio (condicio).

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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