scholarly journals Od rzymskiego prawa morskiego do polskiego prawa zobowiązań

2019 ◽  
pp. 231-242
Author(s):  
Bartosz Zalewski
Keyword(s):  
Civil Code ◽  
Roman Law ◽  
Maritime Transport ◽  
Tort Liability ◽  
Historical Sources ◽  
Material Loss

According to art. 438 of the Polish Civil Code: “Whoever suffers a material loss, forcibly or even voluntarily, in order to prevent damage to another person or to avoid common danger, is entitled to claim compensation for the loss sustained, in suitable proportions, from people who benefitted from it.” This institution finds its origin in the lex Rhodia de iactu, known in roman law. The proposal to extend the rhodian rule to cases other than those related to the danger for the ship is the heritage of medieval school of glossators. however, the transposition of an institution adapted to the conditions of maritime transport to the contemporary law of obligations is associated with specific problems. This particularly applies to the new character of this institution. The analysis of historical sources indicates that it is a sui generis liability that cannot be attributed to tort liability or negotiorum gestio.

Law of Torts

Japanese Law ◽  
2021 ◽  
pp. 191-211
Author(s):  
Hiroshi Oda
Keyword(s):  
Burden Of Proof ◽  
Tort Law ◽  
Case Law ◽  
Civil Code ◽  
Tort Liability ◽  
The Law ◽  
General Provision

Tort is part of the Law of Obligations. Provisions on tort liability are found in Book Three, the Law of Obligations, of the Civil Code. There is only a single general provision on tort. The legislature expected rules to develop out of case law. A person who intentionally or negligently infringes upon others’ right or interests protected There is a body of case law which sets out details of tort law such as causation and fault. There have been cases where the shift of the burden of proof was at issue.　

A megbízási szerződés szabályozásának történeti vázlata Romániában

2020 ◽  
Vol 3 (1) ◽  
pp. 5-22
Author(s):  
Előd Bartis
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Roman Law ◽  
Historical Overview ◽  
Commercial Code

The study constitutes a brief historical overview of the development of the contract of mandate, as regulated in Romanian law. Firstly, the roots of this contract in antiquity and in Roman law are discussed, and the evolution of its major characteristics are revealed. Subsequently, the author presents the regulations applicable to the contract of mandate under the first modern codifications of Romanian civil law in the Calimach and Caragea codes, the Commercial Code of Wallachia of 1840, the Romanian Civil code of 1864, the Commercial Code of 1887, and the Civil Code of 2009, currently in force. The author presents the major historic evolutions of the Romanian regulation pertinent to the nature of the contract, the parties, their remuneration, the effects of the contract inter partes and towards third persons as well as the changes in regulatory logic from the differentiation of commercial and civil mandate to the unification of the two institutions in the Civil Code of 2009.

scholarly journals Nienależne świadczenie w polskim Kodeksie zobowiązań z 1933 r. na tle porównawczym

2016 ◽  
Vol 9 (1) ◽  
pp. 67-95
Author(s):  
Jan Halberda ◽  
Keyword(s):  
Civil Code ◽  
Roman Law ◽  
Legal Provisions ◽  
Polish Code ◽  
Code Civil

Undue Payment in the Polish Code of Obligations of 1933 as Compared with Other Regulations of That Time The present paper discusses the concept of undue payment as found in the Polish Code of Obligations of 1933. The research is comparative in nature since it also explores the institution in question in other contemporary codes (Code Civil, ABGB, BGB and Obligationrecht), Roman law, and the Polish Civil Code of 1964 (1). The discussion is concerned with the framework of legal provisions on undue payment in the aforementioned sources (2). Furthermore, while applying a framework of the Roman condictiones the paper analyses the grounds of the action (3). It presents circumstances which allowed a payor to seek recovery of his payment (4–6) and those which precluded the claim (7). Then the paper gives an illustration of the scope of a payee’s liability (8). In his fi nal remarks, the author attempts to assess undue payment as regulated in the Code of Obligations (9).

scholarly journals The foundations of creditor's liability in gratuitous contracts in Croatian medieval law

2020 ◽  
Vol 59 (89) ◽  
pp. 205-226
Author(s):  
Višnja Lachner ◽  
Jelena Kasap
Keyword(s):  
Roman Law ◽  
Legal Systems ◽  
Historical Sources ◽  
Legal Norms ◽  
Ius Commune ◽  
Legal Position ◽  
Medieval Law ◽  
Contractual Obligations ◽  
The One ◽  
Legal Grounds

Gratuitous contracts (bailments) are the most common legal affairs in everyday legal transactions. On the one hand, their informal nature that distinguishes them from other legal affairs facilitates their application; on the other hand, it complicates the legal position of the contracting parties in case of breach of contractual obligations. Liability for breach of contractual obligation equally affects both contracting parties: the creditor and the debtor. In accordance with the principle of utility, the debtor is a contracting party that benefits most from the conclusion of a gratuitous contract. However, the discussions about the creditor's obligations and the liability criteria have been quite rare ever since the development of the earliest legal systems. This is not surprising given the fact that the gratuitous contracts are, almost as a rule, concluded between friends and acquaintances, and marked by the trust of the contracting parties. The foundations of the privileged liability of creditors, both in Western European legal systems and in Croatian law, are based on Roman law principles, which have been entered into the modern law of obligations through reception of the ius commune legal norms. As the issue of creditors' liability in gratuitous contracts has not been sufficiently examined in the Croatian scientific literature, this research is aimed at exploring and establishing the legal grounds of liability of the lender (creditor), the depositor, and the donor in Croatian law, by analyzing and comparing the available historical sources of Croatian medieval law. In that context, the authors will also discuss in more detail the reasons for enacting the unique legal solutions contained in the Croatian Obligations Act.

scholarly journals The Principle of Good Faith in the Palestinian Civil Code Draft and Its Role in Maintaining Economic Contractual Equilibrium at the Pre-Contracting Phase

2019 ◽  
Vol 12 (3) ◽  
pp. 113
Author(s):  
Osama Ismail Mohammad Amayreh ◽  
Izura Masdina Mohamed Zakri ◽  
Pardis Moslemzadeh Tehrani ◽  
Yousef Mohammad Shandi
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Tort Liability ◽  
Legal Basis ◽  
Bad Faith ◽  
Legal Provisions ◽  
The Subject ◽  
Contracting Phase ◽  
The Stability ◽  
Definition Of

The jurisprudential and judicial legal trend tends to apply the principle of good faith at the pre-contracting phase as one of the most substantial principles governing this phase, since it is inconceivable that the parties are to negotiate in bad faith, and then must implement the contract in good faith, in accordance with the traditional legal rule that “fraud spoils everything it touches”. However, the Palestinian legislature has ignored enacting legal provisions obliging the parties to abide by the principle of good faith in the pre-contracting phase causing a legislative deficiency in the legislative remedies of the subject of good faith in the pre-contracting phase. This paper seeks to prove that replacing a provision that requires good faith in negotiations with the provisions of tort liability causes many legal problems. To prove this, the legal provisions should be analysed which would also include determining the definition of the principle of good faith, and the function of that principle in achieving contractual equilibrium and the legal basis for this principle at the stage of negotiation which should also be analysed. Moreover, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the need to legislate a legal article which obligates the negotiating parties to behave in good faith, as this has become an unavoidable reality that should be dealt with to contribute to the stability of civil and commercial transactions. As such, the legal article should also specify the compensation to be claimed.

scholarly journals Mauritian Tort Law

2020 ◽  
pp. 184-203
Author(s):  
Goran Georgijević
Keyword(s):  
Civil Law ◽  
Tort Law ◽  
Case Law ◽  
Causal Link ◽  
Civil Code ◽  
Tort Liability ◽  
French Case ◽  
Harmful Event

According to the general tort law of Mauritius (articles 1382 through 1384 of the Mauritian Civil Code), three conditions must be met before tort liability may be implemented, namely the existence of harm, the existence of a causal link, and the existence of a harmful event. This paper contains an analysis of the fundamentals of the tort law of Mauritius, which is based on Mauritian case law and French case law and French doctrine, which are considered a persuasive authority in Mauritian Civil Law.

scholarly journals Huellas del vicio redhibitorio romano en el Código Civil español

2020 ◽  
pp. 227
Author(s):  
Teresa González Herrero
Keyword(s):  
Civil Code ◽  
The Other ◽  
Roman Law ◽  
Time Space ◽  
The One

En la regulación normativa del contrato de compraventa de nuestro Código Civil puede constatarse una clara huella y supervivencia del Derecho romano. En particular, la protección prevista por razón de los vicios ocultos reproduce, casi literalmente, la contemplada en Roma, donde la noción de vicio redhibitorio se origina y evoluciona en el seno del Derecho edilicio. Tal concepto, se forma en correspondencia al contexto espaciotemporal y socioeconómico en el que se desarrolla y evoluciona el Derecho edilicio en relación con las demás fuentes. Todo ello condicionó las acciones procesales ofrecidas por los Ediles, su naturaleza y finalidad, así como el régimen de responsabilidad del vendedor. Teniendo en cuenta pues, tales variables, el estudio pretende profundizar en la casuística romana para, desde la misma, extraer los principales rasgos del concepto de vicio en nuestro Código Civil.In the normative regulation of our Civil Code we can verify the echo and survival of the Roman Law. Specifically, the protection provided by reason of latent defect, reproduces, almost literally, that reproduces the one contemplated in Rome, where the notion of redhibitory vice that was originated and evolved within the aedilitian Law. That same concept was formed depending on the socioeconomic and time-space context in which the aedilitian Law developed and evolved in relation to the other sources. All of that, influenced the procedural actions offered by these magistrates, its nature and goal, as well as the responsibility of the seller. Bearing these variables in mind, as it was said, the study intends to delve the Roma casuistry to, from itself, to extract the main features of the concept of vice in our Civil Code.

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