The focus is on the economic function and the legal regime of a particular type of guarantee, indicated in the sources as καϑαρά ἀντιφώνησις, which can be placed in close correlation with the ‘receptum argentarii’, a peculiar business guarantee ordinarily used by Roman bankers at least up to the end of 3rd century AD: both of them, in fact, are abstract guarantees, in which the obligation of the guarantor completely disregards the cause and validity of the obligation of the principal debtor; between them so there is an evident functional affinity that makes use of similar contractual schemes, although not exactly identical.
Le garanzie astratte dei banchieri in età giustinianea: la katarà antifonesis
Francesco Fasolino
2020-01-01
Abstract
The focus is on the economic function and the legal regime of a particular type of guarantee, indicated in the sources as καϑαρά ἀντιφώνησις, which can be placed in close correlation with the ‘receptum argentarii’, a peculiar business guarantee ordinarily used by Roman bankers at least up to the end of 3rd century AD: both of them, in fact, are abstract guarantees, in which the obligation of the guarantor completely disregards the cause and validity of the obligation of the principal debtor; between them so there is an evident functional affinity that makes use of similar contractual schemes, although not exactly identical.File in questo prodotto:
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