UWAGI NA TEMAT ‘COMPENSATIO’ W TWÓRCZOŚCI WYBRANYCH PRZEDSTAWICIELI SZKOŁY GLOSATORÓW

Abstract

Remarks on ‘compensatio’ in the Work of Selected Representatives of the School of Glossators Summary The institution of remitting reciprocal receivables and payables by setting them off against each other down to the amount of the lesser debt (compensatio) goes back Roman law. But the duality involved in such practices in modern European legal systems is the result of later developments in the medieval discourse on whether the effects of set-off ensued sine facto hominis, i.e. on the grounds of the provision as such, or on the grounds of a constitutive declaration of will made by one of the reciprocal creditors. This problem was debated in the School of Glossators which was founded in the 11th century by Irnerius. The aim of this paper is to describe the views held by selected glossators of Roman law and to present their influence on subsequent legal solutions adopted in 19th- and 20th-century civil codifications.

Keywords

• potrącenie
• kompensacja
• glosatorowie