oa Fundamina : A Journal of Legal History - ,,Grave est fidem fallere" : Vertrauensschutz im römischen Recht

Special issue 1
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



The historical roots of the concept of protection of trust are found in the which was primarily developed to govern the relations between Romans and foreigners or amongst foreigners themselves. The foundation of the lies in , namely that fiduciary duty which was characterised as by Cicero and which was commented upon by Ulpian with the words . In fact, if no inherent legal structures exist, one may only find common ground by referring to mutual trust, as it is on this basis that judicial relations can be established. Furthermore, has become the benchmark for contractual obligations in the form of , which has been given content through a discourse between jurists for centuries. Hence, constitutes the protection of trust. Entering into a contract based on determines accountability. This study examines the development of the concept of protection of trust through the contributions of the Roman jurists.

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