TY - JOUR
TI - Actio de in rem verso. An Unwanted Continuity. The Doctrine of versio in rem in the Austrian Civil Code and Interwar Legal Discussion in Czechoslovakia
AU - Dostalík, Petr
TI - Actio de in rem verso. An Unwanted Continuity. The Doctrine of versio in rem in the Austrian Civil Code and Interwar Legal Discussion in Czechoslovakia
AB - 
	This paper concerns of the doctrine of versio in rem (or actio de in rem verso) in the legal discussion in interwar Czechoslovakia. The paper presents a brief overview of the origin and field of application of actio de in rem verso in classical Roman law and the transformation of the doctrine of versio in rem i n the frame of Corpus Iuris Civilis. The scope of the changes made by the compilers is still uncertain and was a subject of extensive discussion among the legal scholars of the 19th century. The paper describes the nature of versio in rem in the Austrian Civil Code (provision of §1041) and presents legal statements of the prominent exponents of the various legal schools of interwar Czechoslovakia, the legal traditionalists and the supporters of the School of Pure Law Theory. The doctrine of versio in rem is still in the centre of attention of the modern legal scholars in the Czech Republic. The doctrine of versio in rem was adopted in the new Czech Civil Code, but without reflecting the results of the interwar discussion.

	FINANSOWANIE

	

	The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159. 
VL - Tom 15 (2022)
IS - Tom 15, Zeszyt 2
PY - 2022
SN - 2084-4115
C1 - 2084-4131
SP - 203
EP - 214
DO - 10.4467/20844131KS.22.014.15717
UR - https://ejournals.eu/czasopismo/kshpp/artykul/actio-de-in-rem-verso-an-unwanted-continuity-the-doctrine-of-versio-in-rem-in-the-austrian-civil-code-and-interwar-legal-discussion-in-czechoslovakia
KW - versio in rem
KW - actio de in rem verso
KW - unjust enrichment
KW - Austrian Civil Code
KW - Civil law in Czechoslovakia