{"title":"关于法律概念:让与、革新、代位与让与","authors":"Dimitar P. Gelev","doi":"10.2139/ssrn.2633104","DOIUrl":null,"url":null,"abstract":"This paper deals with the legal notions of cession, novation, subrogation and assignation in comparative perspective and especially with regard to their understanding and treatment in the roman law. At the outset the paper presents some general legal problems connected with the legal definition of the abovementioned legal terms in order to clarify their exact legal meaning.Paper especially deals with the definitions of cessio and novatio in roman legal system according to Gaius and Justinianus and with the notion of the doctrine of res judicata.In conclusion the author proposes further analysis and reconsideration of the domestic regulation of mentioned legal institutes and avoidance of duplication in domestic legal laws and regulations with acceptance of different legal solutions from different legal systems which are not consistent with basic legal structure of the domestic legal system.","PeriodicalId":29865,"journal":{"name":"Connecticut Insurance Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2015-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"About Legal Notions: Cession, Novation, Subrogation and Assignation\",\"authors\":\"Dimitar P. Gelev\",\"doi\":\"10.2139/ssrn.2633104\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This paper deals with the legal notions of cession, novation, subrogation and assignation in comparative perspective and especially with regard to their understanding and treatment in the roman law. At the outset the paper presents some general legal problems connected with the legal definition of the abovementioned legal terms in order to clarify their exact legal meaning.Paper especially deals with the definitions of cessio and novatio in roman legal system according to Gaius and Justinianus and with the notion of the doctrine of res judicata.In conclusion the author proposes further analysis and reconsideration of the domestic regulation of mentioned legal institutes and avoidance of duplication in domestic legal laws and regulations with acceptance of different legal solutions from different legal systems which are not consistent with basic legal structure of the domestic legal system.\",\"PeriodicalId\":29865,\"journal\":{\"name\":\"Connecticut Insurance Law Journal\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2015-07-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Connecticut Insurance Law Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.2633104\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Connecticut Insurance Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.2633104","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
About Legal Notions: Cession, Novation, Subrogation and Assignation
This paper deals with the legal notions of cession, novation, subrogation and assignation in comparative perspective and especially with regard to their understanding and treatment in the roman law. At the outset the paper presents some general legal problems connected with the legal definition of the abovementioned legal terms in order to clarify their exact legal meaning.Paper especially deals with the definitions of cessio and novatio in roman legal system according to Gaius and Justinianus and with the notion of the doctrine of res judicata.In conclusion the author proposes further analysis and reconsideration of the domestic regulation of mentioned legal institutes and avoidance of duplication in domestic legal laws and regulations with acceptance of different legal solutions from different legal systems which are not consistent with basic legal structure of the domestic legal system.