The relationship between condictio and version in REM in modern law
In this paper, the author analyses a lawsuit for unjust enrichment through the prism of two institutes: condictio and actio de in rem verso. The origin of these two notions is linked to Roman law, although their essence has been drastically changed in modern law. It is necessary to determine them in...
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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2023-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2023/0017-09332302575S.pdf |
| _version_ | 1797668038409977856 |
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| author | Stefanović Aleksandra |
| author_facet | Stefanović Aleksandra |
| author_sort | Stefanović Aleksandra |
| collection | DOAJ |
| description | In this paper, the author analyses a lawsuit for unjust enrichment through the prism of two institutes: condictio and actio de in rem verso. The origin of these two notions is linked to Roman law, although their essence has been drastically changed in modern law. It is necessary to determine them in relation to other lawsuits in order to further clarify the boundaries of these institutes through negative definitions as a preliminary step in this presentation. It is necessary to determine their mutual similarities and differences, as well as different understandings of the institutes, depending on the point of view of the legal system in terms of regulating the lawsuit for unjust enrichment, in order to adequately compare them. Comparative law and dogmatic methods were used in the paper. |
| first_indexed | 2024-03-11T20:23:15Z |
| format | Article |
| id | doaj.art-5b4e73fc67a0472f92793d3ae83b0ecf |
| institution | Directory Open Access Journal |
| issn | 0017-0933 2683-5967 |
| language | English |
| last_indexed | 2024-03-11T20:23:15Z |
| publishDate | 2023-01-01 |
| publisher | Bar Association of Vojvodina, Novi Sad |
| record_format | Article |
| series | Glasnik Advokatske komore Vojvodine |
| spelling | doaj.art-5b4e73fc67a0472f92793d3ae83b0ecf2023-10-02T22:17:51ZengBar Association of Vojvodina, Novi SadGlasnik Advokatske komore Vojvodine0017-09332683-59672023-01-0195257561010.5937/gakv95-377060017-09332302575SThe relationship between condictio and version in REM in modern lawStefanović Aleksandra0https://orcid.org/0000-0003-0824-0255Univerzitet u Beogradu, Pravni fakultet, Beograd, SerbiaIn this paper, the author analyses a lawsuit for unjust enrichment through the prism of two institutes: condictio and actio de in rem verso. The origin of these two notions is linked to Roman law, although their essence has been drastically changed in modern law. It is necessary to determine them in relation to other lawsuits in order to further clarify the boundaries of these institutes through negative definitions as a preliminary step in this presentation. It is necessary to determine their mutual similarities and differences, as well as different understandings of the institutes, depending on the point of view of the legal system in terms of regulating the lawsuit for unjust enrichment, in order to adequately compare them. Comparative law and dogmatic methods were used in the paper.https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2023/0017-09332302575S.pdfcondictioactio de in rem versorelationshiplawsuitstatute of limitations |
| spellingShingle | Stefanović Aleksandra The relationship between condictio and version in REM in modern law Glasnik Advokatske komore Vojvodine condictio actio de in rem verso relationship lawsuit statute of limitations |
| title | The relationship between condictio and version in REM in modern law |
| title_full | The relationship between condictio and version in REM in modern law |
| title_fullStr | The relationship between condictio and version in REM in modern law |
| title_full_unstemmed | The relationship between condictio and version in REM in modern law |
| title_short | The relationship between condictio and version in REM in modern law |
| title_sort | relationship between condictio and version in rem in modern law |
| topic | condictio actio de in rem verso relationship lawsuit statute of limitations |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2023/0017-09332302575S.pdf |
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