COMPARATIVE ANALYSIS OF RISK PASSING IN ROMAN LAW, SERBIAN DOCTRINE AND 19TH CENTURY LEGISLATION

Đorđević, Miroslav (2008) COMPARATIVE ANALYSIS OF RISK PASSING IN ROMAN LAW, SERBIAN DOCTRINE AND 19TH CENTURY LEGISLATION. The Annals of the Faculty of Law in Belgrade (3). 285 -293. ISSN 1452-6557

Text M.Dj. Comparative Analisys of Risk Passing.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (78kB)

Abstract

There are several different theories that attempt to explain the exact moment of risk passing in Roman law. The most accepted explanation claims that the Roman rule periculum est emptoris (risk lies on the buyer) was present not only in the post-classical period of Roman history, but in the classical one as well. A minority of Romanists find this explanation too simplistic, arguing that the opposite rule, periculum est venditoris, (risk lies on the seller) was applied during the classical period of Roman legal history. In this paper the author examines these two approaches and make some comparisons between Roman law of risk passing and the Serbian 19th century legislation and legal doctrine. He concludes that theories claiming that periculum est emptoris was the only way to resolve periculum rei venditae are not convincing.

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