Ius strictum
Ius strictum or strict law is binding law in each individual case. With reference to the aequitas (fairness), the ius aequum or cheap law developed . It was used to assess unreasonable hardship in individual cases according to equity or discretion .
Strict law was also delimited from ius cogens , also mandatory law . The same denoted the existing type compulsion (use of certain legal forms), which set limits to private autonomy and even worked against the declared will of the party and was indispensable . In contrast, the ius dispositivum was compliant law. Concrete party decisions were able to displace conflicting regulations.
The contract law of the BGB is usually optional, but the formal law is not.
Individual evidence
- ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 26.
- ^ Carl Creifelds: Legal dictionary . 21st edition 2014. ISBN 978-3-406-63871-8
- ↑ Herbert Hausmaninger, Walter Selb: Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 31.
