Some remarks on the history and importance of the concept of “legal transaction” in a nutshell

Siklósi, Iván (2024) Some remarks on the history and importance of the concept of “legal transaction” in a nutshell. ANNALES UNIVERSITATIS SCIENTIARUM BUDAPESTINENSIS DE ROLANDO EÖTVÖS NOMINATAE - SECTIO IURIDICA, 62 (1). pp. 65-77. ISSN 0524-899X

Preview

Text 04.pdf - Published Version Download (258kB) | Preview

Abstract

This study is a brief contribution to the history and significance of the concept of legal transaction (juridical act etc.). First and foremost, the author investigates the Roman law antecedents, and emphasizes that the essence of legal transaction was described by the Roman jurisprudence using the terms “agere”, “gerere”, and “contrahere” (cf. Lab.–Ulp. D. 50, 16, 19). As for the formation of the modern concept of juridical act, the author highlights that its roots can be traced back before the Pandectist legal science (see the definitions of Althusius, Nettelbladt, and Harpprecht), then the Pandectists’ definition of legal transaction (cf. Windscheid) and its influence are scrutinized, with regard to modern Hungarian private law, too.

Actions (login required)

Edit Item