Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 4, p. 1007-1023
working language: Serbian
Review paper
347.468:34(37) 347(436)”1811”
doi:10.5937/zrpfns58-55526
Author:
Michael Binder
University of Vienna
Department of Roman Law and Ancient Legal History
m.binder@univie.ac.at
ORCID ID: 0000-0001-8479-1468
Summary:
In both Roman law and Austrian civil law, there is a question regarding whether a consolidation between a creditor and his debtor leads to an expiration of the creditor’s claim and the debtor’s obligation. The following article focuses on legal relationships in which more than two parties are involved, meaning it would still be possible for the creditor (or his heir) to raise a claim against the debtor. Firstly, it is necessary to analyse a case from the Roman jurist Paulus (D. 46, 1, 71 pr.). Following this analysis, the legal situation in Roman law is compared to that in Austrian civil law.
Keywords:
Roman law; Austrian civil law; confusio; consolidation; mandatum; right of recourse; dolo facit, qui petit quod redditurus est; juristic rules; societas; abuse of rights.