SIMILARITIES AND DIFFERENCES BETWEEN IUS RETENTIONIS AND RELATED INSTITUTES OF ROMAN LAW

Abstract

Ius retentionis in Roman law represents the legal construction recognized sporadically, by decision of the praetor; in order to preserve equity in mutual debtоr-creditor relations. Due to the lack of a statutory rule, differentiation from some similar institutes in the doctrine is not clear enough. The author distinguishes ius retentionis of some institutes of Roman Law on Obligations and Real law, which have certain similarities in structure and legal effect with retention. The conclusion is that this institute represents an authentic legal remedy of ius honorarium, which is different from: compensation; objection to an uncompleted contract; fiducia and pignus.