oa Fundamina : A Journal of Legal History - The (lack of) protection of bona fide pledgees in classical Roman law
|Article Title||The (lack of) protection of bona fide pledgees in classical Roman law|
|© Publisher:||UNISA Press|
|Journal||Fundamina : A Journal of Legal History|
|Affiliations||1 Radboud University, The Netherlands and 2 University of Amsterdam, The Netherlands|
|Publication Date||Jan 2014|
|Pages||982 - 992|
|Issue||Special issue 2|
This contribution discusses the position of the creditor who in good faith accepted security created by a non-owner or on property already burdened in favour of someone else. It appears that although as a rule the bona fide creditor in possession of the charged property was not protected as he is in modern legal systems, there were instances in which the elements of possession or good faith did put him into a more favourable position.
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