Chapter

Observations on <i>Depositum Irregulare</i><sup>☼</sup>

William M Gordon

in Roman Law, Scots Law and Legal History

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748625161
Published online September 2012 | e-ISBN: 9780748671571 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748625161.003.0006
Observations on Depositum Irregulare☼

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Depositum irregulare where the depositee is bound to return not the original deposit but an equivalent had some classical roots but was more fully developed in Justinianic law. It can hardly be described as an institution in classical law but was recognised in exceptional cases and it seems that it was not confined to bank deposits as might be expected. Interest could not normally be claimed in the action depositi but it cannot be ruled out that a iudex could allow it on the basis of his officium as judge.

Keywords: Depositum irregulare; Bank deposits; Actio depositi; Interest

Chapter.  4225 words.  Illustrated.

Subjects: History of Law

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