Laesio enormis - institut preteklosti?

slovenian

2016

volume 71, issue 1/2

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

The main purpose of the article is to present the evolution of the legal institution of laesio enormis, which can be, in very general terms, defined as an institution of the law of obligations, aimed to protect the balance between performance and counterperformance of a contract. The first part of the article explains the origins of the rescript C. 4, 22, 2, which is the foundation of the institution' s development, and its evolution to the present day. This chapter also shows how the most important civil law codifications of the 19th century regulate this field. The main part of the article deals with the regulation of laesio enormis in the Slovenian law (Art. 118 of the Code of Obligations). The chapter outlines the preconditions for granting the remedy of laesio enormis and the legal consequences of a successfully contested contract based thereon. The last chapter covers the arguments for a possible abolition of the institution of laesio enormis as it interferes with some core principles of the law of obligations and plays a minor role in the Slovenian case law.

29.05.2017