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Subsidiary liability in Ancient Rome

Yurzin P.   (Ulyanovsk State University)

The article is devoted to the search for the subsidiary liability phenomena in the Roman law. Proceeding from the position that there was not appropriate concept in the Roman law and that representatives of modern Roman law science don’t use it, the author proposes the most general concept which corresponds with modern convictions of the Russian civil law. The Roman law suretyship (adpromissio), noxal responsibility institutions, responsibility for actiones adjecticiae qualitatis, responsibility in the framework of guardianship and pledge legal relations were analyzed from the perspective of that concept. A number of conclusions were made about the correspondence of legal forms of social relations taking place in the framework of above-noted institutions to predetermined concept.

Keywords:subsidiary liability, subsidiary obligation, Roman law, suretyship, noxal responsibility, actiones adjecticiae qualitatis, liability of magistrates.

 

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Citation link:
Yurzin P. Subsidiary liability in Ancient Rome // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2016. -№01. -С. 144-150
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