Das Pfandrecht an der Eigenen Sache, nach Römischen Recht: Inaugural-Dissertation (Classic Reprint) (German Edition) - Softcover

Alfred Wieszner

 
9780366409266: Das Pfandrecht an der Eigenen Sache, nach Römischen Recht: Inaugural-Dissertation (Classic Reprint) (German Edition)

Synopsis

This book studies instances in Roman Law where the common maxim “a pledge right cannot adhere to one's own thing” holds true. Its exploration of source texts reveals that this accepted legal doctrine can, in fact, be invalidated in certain circumstances. For example, situations in which the person holding the pledge gains ownership of the pledged property, thereby retaining their pledge right, as well as scenarios involving bona fide purchasers unaware of the attached pledge. The author showcases examples of where these deviations from the rule can be found within the Digest, offering a fresh perspective on the nature and extent of pledge rights in ancient Roman Law.

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