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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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Observations on Depositum Irregulare☼

Observations on Depositum Irregulare☼

Chapter:
(p.61) 6 Observations on Depositum Irregulare
Source:
Roman Law, Scots Law and Legal History
Author(s):

William M Gordon

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748625161.003.0006

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

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