PRESTITO VITALIZIO IPOTECARIO AND MANDATUM POST MORTEM: TWO EXAMPLES OF VALID AGREEMENTS AS TO SUCCESSION BETWEEN THE PRESENT AND THE PAST
The paper focuses on the post mortem mandate, an agreement used to protect some interests arising after the mandator’s death, both in Italian legal system and in Roman Law. Given that the latest doctrine has considered invalid a post mortem mandate where the nature of the mandatory’s tasks is eco...
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| Format: | Article |
| Language: | deu |
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University of Rijeka, Faculty of Law
2017-01-01
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| Series: | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
| Subjects: | |
| Online Access: | https://hrcak.srce.hr/file/271824 |
| _version_ | 1797207827801964544 |
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| author | Maria Federica Merotto |
| author_facet | Maria Federica Merotto |
| author_sort | Maria Federica Merotto |
| collection | DOAJ |
| description | The paper focuses on the post mortem mandate, an agreement used to protect
some interests arising after the mandator’s death, both in Italian legal system
and in Roman Law. Given that the latest doctrine has considered invalid a
post mortem mandate where the nature of the mandatory’s tasks is economic,
as it does not comply with art. 458 Cod. Civ., this article explores the issues
suggesting that the recent introduction of the ‘reverse mortgage’ within the
Italian legal system could be considered as a new step towards overcoming
the prohibition of agreements as to succession. After analysing the current
legislation, also within the framework of European private law, the research
dwells on post mortem mandatum in Roman law, trying to show that such
consensual contract could be considered as a succession agreement. After
having demonstrated the difference between the mandatum post mortem
(understood as a contract) and other testamentary dispositions defined as
mandatum post mortem as well, a source showing the possible economic nature
of the Roman mandatum post mortem is considered, to conclude that there
were Roman law cases, like that of Gaio in D. 17.1.13, proving the existence of
bilateral agreements intended to fulfil an economic function casually related to
the mandator’s death. |
| first_indexed | 2024-04-24T09:29:06Z |
| format | Article |
| id | doaj.art-a234cde8261d4a9fa361f1ee4b858260 |
| institution | Directory Open Access Journal |
| issn | 1330-349X 1846-8314 |
| language | deu |
| last_indexed | 2024-04-24T09:29:06Z |
| publishDate | 2017-01-01 |
| publisher | University of Rijeka, Faculty of Law |
| record_format | Article |
| series | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
| spelling | doaj.art-a234cde8261d4a9fa361f1ee4b8582602024-04-15T14:16:10ZdeuUniversity of Rijeka, Faculty of LawZbornik Pravnog Fakulteta Sveučilišta u Rijeci1330-349X1846-83142017-01-0138290792610.30925/zpfsr.38.2.9PRESTITO VITALIZIO IPOTECARIO AND MANDATUM POST MORTEM: TWO EXAMPLES OF VALID AGREEMENTS AS TO SUCCESSION BETWEEN THE PRESENT AND THE PASTMaria Federica Merotto0University of Verona, Verona, ItalyThe paper focuses on the post mortem mandate, an agreement used to protect some interests arising after the mandator’s death, both in Italian legal system and in Roman Law. Given that the latest doctrine has considered invalid a post mortem mandate where the nature of the mandatory’s tasks is economic, as it does not comply with art. 458 Cod. Civ., this article explores the issues suggesting that the recent introduction of the ‘reverse mortgage’ within the Italian legal system could be considered as a new step towards overcoming the prohibition of agreements as to succession. After analysing the current legislation, also within the framework of European private law, the research dwells on post mortem mandatum in Roman law, trying to show that such consensual contract could be considered as a succession agreement. After having demonstrated the difference between the mandatum post mortem (understood as a contract) and other testamentary dispositions defined as mandatum post mortem as well, a source showing the possible economic nature of the Roman mandatum post mortem is considered, to conclude that there were Roman law cases, like that of Gaio in D. 17.1.13, proving the existence of bilateral agreements intended to fulfil an economic function casually related to the mandator’s death.https://hrcak.srce.hr/file/271824mandatum post mortemagreements as to successionprestito vitalizio ipotecarioEuropean private lawmandatum mortis causaItalian reverse mortgage |
| spellingShingle | Maria Federica Merotto PRESTITO VITALIZIO IPOTECARIO AND MANDATUM POST MORTEM: TWO EXAMPLES OF VALID AGREEMENTS AS TO SUCCESSION BETWEEN THE PRESENT AND THE PAST Zbornik Pravnog Fakulteta Sveučilišta u Rijeci mandatum post mortem agreements as to succession prestito vitalizio ipotecario European private law mandatum mortis causa Italian reverse mortgage |
| title | PRESTITO VITALIZIO IPOTECARIO AND MANDATUM POST MORTEM: TWO EXAMPLES OF VALID AGREEMENTS AS TO SUCCESSION BETWEEN THE PRESENT AND THE PAST |
| title_full | PRESTITO VITALIZIO IPOTECARIO AND MANDATUM POST MORTEM: TWO EXAMPLES OF VALID AGREEMENTS AS TO SUCCESSION BETWEEN THE PRESENT AND THE PAST |
| title_fullStr | PRESTITO VITALIZIO IPOTECARIO AND MANDATUM POST MORTEM: TWO EXAMPLES OF VALID AGREEMENTS AS TO SUCCESSION BETWEEN THE PRESENT AND THE PAST |
| title_full_unstemmed | PRESTITO VITALIZIO IPOTECARIO AND MANDATUM POST MORTEM: TWO EXAMPLES OF VALID AGREEMENTS AS TO SUCCESSION BETWEEN THE PRESENT AND THE PAST |
| title_short | PRESTITO VITALIZIO IPOTECARIO AND MANDATUM POST MORTEM: TWO EXAMPLES OF VALID AGREEMENTS AS TO SUCCESSION BETWEEN THE PRESENT AND THE PAST |
| title_sort | prestito vitalizio ipotecario and mandatum post mortem two examples of valid agreements as to succession between the present and the past |
| topic | mandatum post mortem agreements as to succession prestito vitalizio ipotecario European private law mandatum mortis causa Italian reverse mortgage |
| url | https://hrcak.srce.hr/file/271824 |
| work_keys_str_mv | AT mariafedericamerotto prestitovitalizioipotecarioandmandatumpostmortemtwoexamplesofvalidagreementsastosuccessionbetweenthepresentandthepast |