E-viri
Recenzirano
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Harke, Jan Dirk
Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abtheilung, 06/2021, Letnik: 138, Številka: 1Journal Article
. Contrary to the first impression given by the sources, there is no dispute among late classical lawyers as to whether a creditor can obtain compensation for an immaterial loss. Rather, the only disputed issue is whether a creditor can demand compensation for performance of monetary value even if it had benefitted a third party. Papinian and Paul affirm this with reference to the precept of . Tryphonin focuses on the creditor’s freedom of disposal: If the creditor can claim his interest in a hypothetical sale of the object of performance, he must also be entitled to do so if he wants to pass it on free of charge and thus prove his generosity.
