A bona fides és az aequitas a római közjogban

Bajánházy István: A bona fides és az aequitas a római közjogban.

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In this paper I try to show, how the principles of good faith (bona fides) and equity (aequitas) worked even in the 3rd century B.C. in the Roman public law. The sources I use for this purpose comes from the Roman historiography, mainly from the giant work of Livy. We can see from the case of the contract for the supply the army in 215 B.C., that the Roman state required the interpreting the contracts on the basis of the good faith. Some of the contractors made trickery with the lost cargo and tried to make extra money from that. But they were later prosecuted and condemned. (Liv. 23,49; Liv. 25,3-4). We can also see the working of the principle of the good faith in the cases, where the censors were not able to contracting for building or maintaining the public buildings in the situations, when the money for the paying was not ready in cash in the treasury at the moment of contracting. The solution was here to contract with terms of delayed paying, which was demanded interestingly not from the state, but from the contracting private parties. (Liv. 24,18). Very interesting is the case of the “free” donations for the state during the Second Punic War. They were introduced for securing extra incomes of the state for the war instead of using an extra war-tax. But the legal classifications of these contracts were later changed, first into a pure loan contract ex interest, but at the end we can see a second change and the Roman state paid interest as well. (Liv. 26,36; 29,16; 31,13; 39,7). It was even possible in the Roman public law to quit contracts unilaterally by the state. We can also found the possibility of the later modifications of contracts, which was impossible in the private law. (Liv. 39,44; 43,16; Polyb. 6,17) These cases show us, how the two above-mentioned principles worked in the legal life of the Roman public law.

Item Type: Conference or Workshop Item
Other title: Bona fides and aequitas in the Roman public law
Journal or Publication Title: Alapelvek és alapjogok
Date: 2015
Volume: 5
ISSN: 2063-3807
ISBN: 978-963-306-404-7
Page Range: pp. 45-58
Series Name: Szegedi Jogász Doktorandusz Konferenciák
Language: Hungarian, English
Place of Publication: Szeged
Event Title: Alapelvek és alapjogok (2014) (Szeged)
Related URLs: http://acta.bibl.u-szeged.hu/74889/
Uncontrolled Keywords: Közjog - római jog
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2022. Mar. 26. 15:45
Last Modified: 2023. Dec. 05. 11:25
URI: http://acta.bibl.u-szeged.hu/id/eprint/74918

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