The problem of management by dependant and independent persons in D. 15,3,17 pr.

Giovannini, Máté (2024) The problem of management by dependant and independent persons in D. 15,3,17 pr. HUNGARIAN JOURNAL OF LEGAL STUDIES, 65 (1). pp. 38-55. ISSN 2498-5473

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Abstract

The following paper examines a text found under the title actio de in rem verso of the Digest. The Roman archetype of modern direct and indirect representation can be discovered in the short fragment — consisting of only two sentences. Africanus compares the management of the dependant and independent representative in the assessment of a specific case (borrowing for the benefit of the represented). The representatives undertook to administrate someone else's affairs with the same aim, but the legal effects of their actions show differences in several aspects. The analysis attempts to reconstruct the fact pattern and to provide a possible solution to the arising legal problems.

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