Abstract

VERHAGEN, Hendrik. The (lack of) protection of bona fide pledgees in classical Roman law. Fundamina (Pretoria) [online]. 2014, vol.20, n.2, pp.982-992. 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 bona fide 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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