What is beyond Invalidity? – Remarks Based on Roman Legal Sources

Abstract

The hypothesis of the present paper is that Roman lawyers regarded the phenomenon of invalidity differently compared to the mainstream modern literature and legal codes. According to the sources, one may question three basic principles of the modern doctrine on invalidity. First, as the Roman experience shows, invalidity may emerge subsequently not only at the formation of the contract. Second, in Roman law, there was no sharp distinction between the legal consequences of invalidity, i.e. convalescence and reinstatement into the former legal position. Third, invalidity might be well regarded as a punitive sanction.