Nomina Transscripticia as a Literal Contract in Roman Law
Literal contracts are the least widely known and least common type of contract in the Roman law contract system. Gaius’ Institutiones and other literary texts are the main source of information concerning nomina transscripticia, as a type of the literal contract. Gaius’ Institutiones mentions two ty...
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| Format: | Article |
| Language: | English |
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Istanbul University Press
2023-03-01
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| Series: | İstanbul Hukuk Mecmuası |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/89D2C239EE3743E28ACE5E20D0DD14F4 |
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| Summary: | Literal contracts are the least widely known and least common type of contract in the Roman law contract system. Gaius’ Institutiones and other literary texts are the main source of information concerning nomina transscripticia, as a type of the literal contract. Gaius’ Institutiones mentions two types of nomina transscripticia: nomina transscripticia a re in personam and nomina transscripticia a persona in personam. A debt arising from another legal ground is inscribed as a literal contract via nomina transscripticia a re in personam. The creditor inscribes another person as a debtor instead of the original debtor with nomina transscripticia a persona in personam. The entries in nomina transscripticia a re in personam and nomina transscripticia a persona in personam terminate the previous debt and result in a new contractus. These entries function as a novatio allowing changes to be made to the basis and parties of the legal transaction. Together with these entries, a strict law contract is concluded and the debtor, whose name is recorded in the ledger called codex accepti et expensi, is obliged to pay the amount of debt entered in the ledger. As a valid contractus under ius civile, nomina transscripticia benefits from legal protection through actio. Developments and needs in commercial life played a key role in the emergence of nomina transscripticia. Being not widely practiced until the end of the classical period, nomina transscripticia disappeared during the reign of Iustinianus. The emergence of constitutum agreements in this period was effective in the abandonment of nomina transscripticia. |
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| ISSN: | 2667-6974 |