ABOUT LEGAL NOTIONS: CESSION, NOVATION, SUBROGATION AND ASSIGNATION

Abstract

This paper deals with the legal notions of cession, novation, subrogation and assignation
in comparative perspective and especially with regard to their understanding and treatment in
Roman law. At the outset the paper presents some general legal problems connected with the legal
definition of the abovementioned legal terms in order to clarify their exact legal meaning.
The Paper especially deals with the definitions of cessio and novatio in the Roman legal
system according to Gaius and Justinian and with the notion of the doctrine of res judicata.
In conclusion the author proposes further analysis and reconsideration of the domestic
regulation of the mentioned legal institutes and avoidance of duplication in domestic laws and
regulations with acceptance of different legal solutions from different legal systems which are not
consistent with the basic legal structure of the domestic legal system.