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By W. W. Buckland

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Additional info for The Roman Law of Slavery: The Condition of the Slave in Private Law from Augustus to Justinian

Example text

In another there certainly was a warranty: tenetur ut aurum quod vendidit praestet 11 • In another text Pomponius 12 makes the warranting vendor liable for the whole interesse whether he knew or not. And in the text last above cited 11, he is quoted as laying down the same rule with Labeo and Trebatius in opposition to J ulian. The texts may be harmonised on the view that where the duty is entirely edictal, J ulian's distinction applies. Where there was a warranty there was a liability ex empto for the interesse, apart from the Edict.

1. 19. 6, 20. But another corrects this so far as to make it run from the time at which the defect was or ought to have been discovered, 21. 1. 55. 60 Principles of the Aedilician Actions (PT. I the Edict, to the heirs and all universal successors, and, though they are in a sense penal, they lie against the heirs'. This is because they are purely contractual, (for they do not depend on any wrongdoing,) and for the same reason the action is de peculia if the vendor was a slave or person in potestas (the slave returned being reckoned in the peculium at his real value•).

4; 31. 73. en. III] Edict of the Aediles 53 "fied defects or not. It contains rules as to the conditions · · the spec1 ich and the time within wh1ch the act10ns are ava1"1ab1e, un der w h . 1" • . d d it ends with the statement that an actwn ws, st quts a versus an c;""iS dolo malo vendidisse dicetur'. ea sWe •'" are told that the vendor m1ght · be req~1re · d to give · a £orm~I ise relative to all these matters, and that, 1f he refused, the actw pr~~bitoria could be brought against him within two months and the ret · quanta minoris within six 2• As, without the promise the actions acto .

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The Roman Law of Slavery: The Condition of the Slave in Private Law from Augustus to Justinian by W. W. Buckland


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