Abstract

TONATO, Dalva Carmem. An historical comparison between containment measures against excessive debt (a roman case of 352 B.C.), and the draft update of the Brazilian Code of Consumer Protection. Rev. Derecho Privado [online]. 2012, n.23, pp.107-126. ISSN 0123-4366.

Abstract This article intends to explain historical sources and regulations of debt - more specifically - the indebtedness in ancient rome on republican period, confronting them with regulation of indebtedness in brazilian legal system nowadays. The retrieval, diffusion and analysis of historical sources are intended to renovate the jurist initiatives to combat excessive debt recorded in the roman legal system. This knowledge allows us to draw a parallel with the ongoing measures in our day to decide whether it is better to propose new solutions (both normative and interpretative) to old problems or keep existing ones in the state they are in the legal system, perhaps perfecting them, and provide subsidies to that judge and decide whether the given specific historical argument has the ability to interfere in his election.

Keywords : Indebtedness; consumer; brazilian consumer law; roman law.

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