Origins of the Pledge in Rome
Roman execution in kind and in equivalent
Keywords:
Law and social sciences, Jurisprudence, Rights in rem, Rome, PledgeAbstract
The Roman origin of the right of pledge ex contractu, resides in the judicial pledge, since this real right appears for the first time in Rome, in the ancient legis actio per pignoris capionem, a judicial procedure latu sensu. Let us see how this conception was gradually arrived at in that legal system. First of all we must establish that every juridical institution lacks an absolute value, that is, a true logical value for all times, since the abstract, rational part of the law is directed and predetermined by the vital, historical part, which gives rise to the formation and style of the institutions of pure juridical logic.
Author Biography
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Alberto Marcos Etkin, Universidad de Buenos Aires
Alberto Marcos Etkin was born in Río Cuarto-Córdoba on Wednesday, August 9, 1905. He was the first son in the home formed by Mrs. Sofía J. Belgoff (c.1868-1961), an obstetrician, and the merchant Rubén Etkin (c.1875-1950), both immigrants of Russian nationality, with origin in the coastal city of Berdyansk-Crimea.
References
THERING, Espíritu del derecho romano, ed. Madrid, t. I, ps. 144 a 198
ALFREDO Rocco, II Fallimento, Torino, 1917.
José Lo VALVO, El constreñimiento personal, la prenda común y las causas legítimas de preferencia, Santa Fe, 1943.
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