Obligace z kontraktu - Smlouva a její vymahatelnost v římském právu – Bělovský Petr (2022)

Contracts are not only one of the pillars of modern private law, but they are also an integral part of the development of human civilization. From the moment humans began to perceive things as property, there arose a natural need to manage that property and to acquire what someone else has without causing conflict. Thus, contracts were primarily created as a means to prevent conflicts, both at the level of private law as well as public law or international law. This remains true to this day. Roman law understood a contract (contractus) as an obligation based on the consensus and mutual trust (fides) of the contracting parties. This book focuses on contracts in Roman law from the perspective of the dynamics of the relationship between the debtor and the creditor. It describes not only the individual types of contracts, such as sale, lease, custody, and others, but primarily addresses the important aspects of their formation, termination, and protection, all the way to the execution phase. Among other things, the book focuses on certain topics of Roman contractual law that have so far been somewhat overlooked in our legal Romanistics, such as the principle of pacta sunt servanda, contract interpretation, premature termination of contracts, fides, and the legal significance of mutual trust between the contracting parties, the importance...