SETTLEMENT (TRANSACTIO)QUICK DECIDING THE CIVIL DISPUTES IN ROMAN AND POLISH LAW AND IN DCFR

  • BronisÅ‚aw Sitek

Abstract

Abstract: agreement is one of the fastest ways of deciding current disputes, or avoiding them in the future. Hence, this is not only the legal instrument, but also the economic one, due to which, the costs of legal and extra legal proceedings are minimized. Applying such the way of solving the civil conflicts, accelerates the economic turnover and has a positive influence on the economic situation. Hence, the agreement has been knownfor the ancient times. The first documented sources, connected with existing such the legal institution, were noticed in the Roman law. Initially, atransaction did not have its autonomic character of the agreement, and it could be made by means of stipulation. Only during post-classical period,the transaction gained the status of legally protected separate agreement. In Polish legal system the settlement is regulated by two articles 917and 918 of the civil code. The structure of the settlement corresponds with the Roman one. However, the legislator regulated the issue of significant components of the settlement agreement and the way of cancelling it, if it was signed by mistake. In the project of European Civil Code there are not any regulations, typical for the settlement agreement; this is because of regulating only the part of general liabilities. The settlement is only mentioned at the occasion of the possibility to change the content, or the conclusion of the agreement, exactly through signing the settlementagreement by the parties. Key words: settlement agreement, Roman law, civil law, DCFR, economy of law, rate of proceedings, disputes under civil law.
Published
2014-12-10
How to Cite
SITEK, Bronisław. SETTLEMENT (TRANSACTIO)QUICK DECIDING THE CIVIL DISPUTES IN ROMAN AND POLISH LAW AND IN DCFR. Anales Universitatis Apulensis Series Jurisprudentia, [S.l.], n. 17, dec. 2014. ISSN 1514-4075. Available at: <http://journals.uab.ro/index.php/auaj/article/view/38>. Date accessed: 23 sep. 2017.