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Confusio
(232 words)

[German version]

In the confusio (the ‘merging’) the same person is both debtor and creditor or owner and holder of a limited material right, e.g. a usufruct. In Roman law confusio led to the extinction of the claim or the right. The late classic jurists (3rd cent. AD) occasionally use the term consolidatio for confusio without creating material distinctions. The effect of the confusio could not be prevented by the will of the parties. However, the Roman jurists occasionally assume a duty to refound the claim or right. The opinion of the Proculians ( Law schools) that the  noxalis actio agai…

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Schiemann, Gottfried (Tübingen), “Confusio”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 21 June 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e304020>
First published online: 2006
First print edition: 9789004122598, 20110510



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