The thesis compares the concept of personal debt security in the Roman and the modern Slovenian legal system.
In general, the creditor can secure the fulfilment of his debt in two different ways – with real security and personal security. In the first case, the creditor asks to be allocated a certain item belonging to the debtor from which he will be able to obtain satisfaction. In the second case, the debtor can promise additional commitments to secure his debt, or the creditor asks other parties to guarantee fulfilment of the principal obligation.
The most important personal security in Roman law was suretyship, although contractual penalties were regularly promised too. In addition, the creditor was able to secure his position by using lex commissoria and debt assumption, which could be achieved by debtor delegation or the procedural representation of a debtor in a suit.
All the institutes mentioned above are also incorporated into modern Slovenian law and their essence remains unchanged even after more than a thousand years. Nevertheless, due to the complexity of economics relations and globalization, the need for additional forms of insurance arose, such as bank guarantees and letters of credit.
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