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Aproximación al concepto de Fideicomiso tácito en el Derecho Romano
| Content Provider | Semantic Scholar |
|---|---|
| Author | Cubillas, Aura Tazón |
| Copyright Year | 2009 |
| Abstract | The purpose of this paper is to set the limits of the concept tacitum fideicommissum as operated by the classical jurists, clarifying the terms and the range of difference which can be observed between Iulianus-Calistratus’ position (D.30.130 and D.49.14.3pr.) and Marcellus-Paulus’ position (D.30.123.1 and D.49.14.40pr.). The hypothesis from which we depart is a double one: on one hand, it states that jurisprudential concept of tacitum fideicommissum is univocal, inferred from the sources and different from the notions of fraud and secret trust; on the other hand, it explains that the abovementioned jurists only differ in the procedural treatment of the fiduciary’s deceit. |
| Starting Page | 831 |
| Ending Page | 862 |
| Page Count | 32 |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://core.ac.uk/download/pdf/61901424.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |