Lex commissoria
In Roman law, the lex commissoria was the so-called sunset clause , which was a contractual subsidiary agreement. It took place in classical law on credit-related chattel ( fiducia cum creditore ) application and in pawn devotion ( pignus ). Beglich the debtor a claim by the due date not fell the ordered equitable lien or pawn finally to the creditor.
In the course of time sales agreements ( pacta de vendendo ) developed, which obliged the creditor to sell the things that had lapsed to him. The advantage for the debtor was that any excess proceeds ( superflui ) had to be paid out to the pledge buyer .
According to Ulpian, neither the purchase nor the subsidiary agreement were subject to any conditions . Instead, a side agreement lex commissoria led to the cancellation of the current contract. Sabinus took a contrary position , who saw a purchase under the terms of the lex commissoria as a conditional legal transaction to which the principles of the usucapio were not applicable.
To protect the pawnbroker, Constantine had banned the lex commissoria , although it remained in Justinian times.
literature
- Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 15 no. 11 ff.
- Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 77.
Remarks
- ↑ Digest 18, 3, 1.
- ↑ Digest 41, 4,2,3
- ↑ Werner Flume : Legal act and legal relationship: Roman jurisprudence and modern legal thinking. , Paderborn, Munich, Vienna, Zurich. Schöningh, 1990, ISBN 3-506-73356-7 . Pp. 154-160.
- ↑ Codex Iustinianus 8, 34, 3.
