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Prawo – nieodłączny towarzysz człowieka

100%

Sobański R.

Z Dziejów Prawa

2011

vol. 4(12)

17-25

The article constitutes an original and interesting reflection of an outstanding theoretician of law on law-man relations. The author shows an ambivalent attitude to law as a result of its appreciation, emphasizing at the same time an important role of law in the European civilization. Asking whether law is a good companion for man, Sobański admits that the very question is not purely abstractive as it derives from the observation of the reality. This ambivalence in relation to law is explained as the result of appreciating the very law. The history of law is at the same time the history of controversies around the notion of law and its nature. Though, the fact that law exists is not controversial itself. Law is understood differently and the way of conveying law (in an oral or written manner) is also different. The author underlines that law is a tool of justice, namely a means of executing justice. He refers to the representatives of the Roman law, and stops at the understanding of the statement “I have a right”, analyses Ulianov’s definition of justice (law can be a tool of justice if the will of justice exists). Next, he points to the pressure touching the whole law practice: law takes into account readiness for perceiving posteriori whereas it makes sense only when it is possible to execute this perception. He pays attention to the causes of discrepancies between law and life (lack of agree- ment when it comes to the notion of justice). His conclusion is that law is a good companion of man when he/she wants to live a peaceful life.

Wpływ „bona fides” na odpowiedzialność sprzedawcy za wady towaru w prawie rzymskim

88%

Chodań K.

Z Dziejów Prawa

2012

vol. 5(13)

17-30

The basis of the consensus buy-sell agreement was the bona fides of both parties. When making an agreement, both a buyer and seller were required to be careful because any manifes- tations of inadequacy and dishonesty grew a property liability of both parties. Client’s careless behavior could consist in a conscious action to the detriment of the partner (dolus), as well as negligence (neglegentia). Judges have referred to the term bona fides since the second century BC when evaluating the situation in which making an agreement was connected with dishonesty of one of the parties, and a conscious harm done to the second client, in order to justify the overruling of the client’s obli- gation, to signify such carefulness that reflects the scope of agreement liability typical in a given case. Each of such behaviours could be defined as incongruent with bona fides. Such adjudications were to serve the protection against damage resulting from agreement making, providing honesty of the turnover via increasing the scope of liability and excluding the advantage of the one making an agreement conscious of doing harm to the client. The process of charging the seller with liability irrespective of his/her good or bad intentions if provided the buyer with defective goods the existence of which the buyer was not aware of has been traced since Justinian’s times. Taking into account the role of bona fides when evaluating a buying-selling agreement and principles concerning seller liability one can make a statement that bona fides played a Basic role in a Roman emptio — venditio agrement.

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2 Z Dziejów Prawa

1 Chodań K.

1 Sobański R.

1 2012

1 2011

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Prawo – nieodłączny towarzysz człowieka

Wpływ „bona fides” na odpowiedzialność sprzedawcy za wady towaru w prawie rzymskim