On-line version ISSN 2411-7870
Print version ISSN 1021-545X
GROSCHLER, Peter. Fundamina (Pretoria) [online]. 2014, vol.20, n.1, pp.357-370. ISSN 2411-7870.
The convalescence of defective transfers of property interests is a long-discussed problem in Roman law. Through a comparative analysis of nineteenth-century ius commune and modern German civil-law principles, this article proposes novel insights into the classical Roman understanding of property interests. It also shows how related ius commune usufructuary concepts support a new perspective on convalescence. In doing so, this analysis revolves around a central question: If an in rem interest may be validly transferred only once, but has been transferred defectively, under what circumstances can the invalid transfer convalesce?