Direct representation in Roman law with reference to modern law

The institute of direct representation is indispensable in contemporary law. The first modern civil codes acknowledged direct representation regulating power of attorney through a mandate contract. The second half of the 19th century saw a change in that perception. Starting with the German Civil Co...

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Main Author: Cvetković-Đorđević Valentina
Format: Article
Language:English
Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2020-01-01
Series:Anali Pravnog Fakulteta u Beogradu
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652002123C.pdf
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spelling doaj-0465311e4de148a6b6fe07dc986db1b72021-03-22T11:00:06ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932020-01-0168212314210.5937/AnaliPFB2002124C0003-25652002123CDirect representation in Roman law with reference to modern lawCvetković-Đorđević Valentina0Univerzitet u Beogradu, Pravni fakultet, SerbiaThe institute of direct representation is indispensable in contemporary law. The first modern civil codes acknowledged direct representation regulating power of attorney through a mandate contract. The second half of the 19th century saw a change in that perception. Starting with the German Civil Code, legal texts, including the Serbian Contract and Torts Act, prescribe power of attorney as a separate institute. The contemporary law principle of direct representation contrasts with the Roman law prohibition of direct representation contained in ancient Roman sources. Under the prevailing Pandectist view, it is due to this prohibition that Roman law did not permit direct representation. The article analyses the cases in which, courtesy of classical Roman jurists, direct representation was allowed despite formal prohibition. The absence of a direct representation concept definition and general prescribing does not justify the claim that it was not applied under Roman law.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652002123C.pdfdirect representationroman lawpower of attorneymandate contractlaband
collection DOAJ
language English
format Article
sources DOAJ
author Cvetković-Đorđević Valentina
spellingShingle Cvetković-Đorđević Valentina
Direct representation in Roman law with reference to modern law
Anali Pravnog Fakulteta u Beogradu
direct representation
roman law
power of attorney
mandate contract
laband
author_facet Cvetković-Đorđević Valentina
author_sort Cvetković-Đorđević Valentina
title Direct representation in Roman law with reference to modern law
title_short Direct representation in Roman law with reference to modern law
title_full Direct representation in Roman law with reference to modern law
title_fullStr Direct representation in Roman law with reference to modern law
title_full_unstemmed Direct representation in Roman law with reference to modern law
title_sort direct representation in roman law with reference to modern law
publisher University of Belgrade, Faculty of Law, Belgrade, Serbia
series Anali Pravnog Fakulteta u Beogradu
issn 0003-2565
2406-2693
publishDate 2020-01-01
description The institute of direct representation is indispensable in contemporary law. The first modern civil codes acknowledged direct representation regulating power of attorney through a mandate contract. The second half of the 19th century saw a change in that perception. Starting with the German Civil Code, legal texts, including the Serbian Contract and Torts Act, prescribe power of attorney as a separate institute. The contemporary law principle of direct representation contrasts with the Roman law prohibition of direct representation contained in ancient Roman sources. Under the prevailing Pandectist view, it is due to this prohibition that Roman law did not permit direct representation. The article analyses the cases in which, courtesy of classical Roman jurists, direct representation was allowed despite formal prohibition. The absence of a direct representation concept definition and general prescribing does not justify the claim that it was not applied under Roman law.
topic direct representation
roman law
power of attorney
mandate contract
laband
url https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652002123C.pdf
work_keys_str_mv AT cvetkovicđorđevicvalentina directrepresentationinromanlawwithreferencetomodernlaw
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