oa Fundamina : A Journal of Legal History - The (lack of) protection of pledgees in classical Roman law

Special issue 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



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 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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