Publication at Faculty of Law |
2019
Abstract
Intimidation and fraud did not cause invalidity nor nullity of legal act according to the Roman civil law. However, praetor provided special means of protection and allowed an injured party to file actions for refund of unfairly extracted performance and to avoid actions of others with the aid of exceptions.
The Lawbook of Brno Scrivener Jan (Schöffenbuch), a collection of municipal law of Brno from the 14th century, adopted many Roman law norms and used Roman law terminology frequently, yet it leaves contradictory information about the delicts dolus and metus. This text focuses on analysis of the sources of Roman law as well as the Lawbook.