The pactums which were not protected by actios and named as pacta nuda meaning nude agreements in Roman Law, got under the protection of some actios by becoming recognized by ius civile, activities of praetors and the decrees of the emperors. Pacta adiectas, that constitute the pactums recognized by ius civile, are the pactums that are concluded attached to the bona fides contracts and thus protected by the actios of the contract. It was possible to formulate some conditions in favor of seller or purchaser by pactums attached to the sale, a bona fide contract. In this context, in this paper in diem addictio, that gives the vendor the right to terminate the contract in case the vendor gets a better offer; lex commissoria, that gives the vendor the right to terminate the contract in case the purchaser fails to pay in a certain period of time; pactum protimeseos, that gives the vendor a right of preemption in case that the purchaser decides to sell the good; pactum de retrovendendo that gives the vendor the right of repurchase in a certain case; pactum displicentiae, that gives the purchaser the right to terminate the contract in case that the purchaser doesn’t enjoy the good; pactum de retroemendo, that gives the purchaser the right to force the vendor repurchase the good in a certain case; emptio ad gustum, that gives the purchaser the right to taste and pactum arrhale, that brings the right to avoid the contract to the both parties, are analyzed.
The pactums which were not protected by actios and named as pacta nuda meaning nude agreements in Roman Law, got under the protection of some actios by becoming recognized by ius civil, activities of praetors and the decrees of the emperors. Pacta adiectas, which constitute the pactums recognized by ius civile, are the pactums that are concluded attached to the bona fides contracts and thus protected by the acts of the contract. It was possible to formulate some conditions in favour of seller or purchaser by pactums attached to the sale, a bona fide contract. In this context, in this paper in diem addictio, that gives the vendor the right to terminate the contract in case the vendor gets a better offer; lex commissoria, that gives the vendor the right to terminate the contract in case the buyer fails to pay in a certain period of time; pactum protimeseos, that gives the vendor a right of preemption in case that the buyer decides to sell the good; pactum de retrovendendo that gives the vendor the right of repurchase in a certain case; pactum displicentiae, that gives the buyer the right to terminate the contract in case that the buyer does not enjoy the good; pactum de retroemendo, that gives the buyer the right to force the vendor repurchase the good in a certain case;
Alan : İlahiyat
Dergi Türü : Ulusal
Benzer Makaleler | Yazar | # |
---|
Makale | Yazar | # |
---|