The presence of Roman legal tradition in the instruments of debt insurance of the Cres-Osor Statute

Abstract

In this paper, the author analyzes legal institutes aimed at securing creditors' claims and the position of debtors and creditors in the Cres-Osor Statute in case of the debtor's failure to repay the debt. The Cres-Osor Statute pays particular attention to the pledge right and, in various ways, regulates the rules regarding the establishment of pledges on movable and immovable property, as well as the sale of pledged items and the settlement of creditors from their value. The paper provides an overview of the legal regulation of these institutes and their specific features and, based on the conducted analysis, critically evaluates the genesis of these institutes and the influence of Roman legal tradition on the development of securing claims in the legal provisions of the Cres-Osor Statute.

Keywords

• cres-osor statute
• securing claims
• pledge right
• roman law