https://doi.org/10.31261/ZDP.2019.20.05
The article deals with the problem of the application of the Roman principle alteri stipulari nemo potest, which expresses the prohibition of the conclusion of contracts in favour of a third party and direct representation. It shows the understanding of this principle and its justi- fication in relation to the requirements of the contract of stipulation and the principles governing the Roman formula process. Exceptions to this principle have also been outlined, allowing the reservation of the benefit to a third party in the event of the existence of a contestable interest of a party to the contract and the reservation of a contractual penalty. The issue of concluding con- tracts by subordinates (slaves, children subject to paternal authority) with effect on their superior and the responsibility of the superior has been discussed in more detail.
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Vol. 12 (2019)
Published: 2020-04-16
Język Polski
English
Deutsch