Does Cicero's Decision stand the test of time? : famine at Rhodes and comparative law and economics approach

Callewaert, Margot (author), Kovač, Mitja (author)

The question of the circumstances under which an individual has a duty to disclose valuable information unknown to the person with whom she bargains represents one of the most puzzling and extensively debated legal issues. Does the party have the right to remain silent and profit from her secret knowledge? These questions have fascinated scholars in philosophy, law and history from ancient times and have produced an impressive amount of literature, decisions and comments. Most recently, it has also gained extensive attention in many prominent laws and among economics scholars. In addition, the pre-contractual duty to disclose information is, among many comparative legal scholars, widely used as an illustration of the current deep, sharp common/civil law division. This paper overcomes an old legal and moral crux and critically examines the disclosure duties of ancient Roman law and in particularly the famous Cicero decision on the famine at Rhodes.

• Language: English
• Work type: Article
• Typology: 1.01 - Original Scientific Article
• Organization: EF - School of Economics and Business
• Publication status: Published
• Publication version: Version of Record
• Year: 2023
• Number of pages: Str. 85-113
• Numbering: Vol. 12, iss. 2
• PID: 20.500.12556/RUL-148206
• UDC: 346
• ISSN on article: 2038-8985
• COBISS.SI-ID: 146805507

Copyright

Na spletni strani založnika navedeno, da članki izhajajo pod licenco CC BY-NC-ND.

• Publication date in RUL: 01.08.2023

Record is a part of a journal

• Title: Comparative law review
• Shortened title: Comp. law rev.
• Publisher: Department of Law - University of Perugia
• ISSN: 2038-8985
• COBISS.SI-ID: 146799875

Licences

• License: CC BY-NC-ND 4.0, Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International
• Link: http://creativecommons.org/licenses/by-nc-nd/4.0/
• Description: The most restrictive Creative Commons license. This only allows people to download and share the work for no commercial gain and for no other purposes.

Secondary language

• Language: Slovenian
• Keywords: primerjalno pravo, gospodarsko pravo, comparative law, business law