Problems concerning laudatio auctoris and denuntiatio litis made by the buyer in classical Roman law
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1 janvier 2014
- handle: 10670/1.0rnzx8
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Res mancipi Mancipatio Traditio Civil law (Roman law) Law, Roman Law--Rome Civil law--RomeCiter ce document
Hans Ankum, « Problems concerning laudatio auctoris and denuntiatio litis made by the buyer in classical Roman law », Fundamina, ID : 10670/1.0rnzx8
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As will be shown in this article, in classical Roman law the buyer of a thing, against whom the rei vindicatio or a comparable real action had been instituted, had the duty to notify the seller. This holds true in the cases where a res mancipi had been transferred to the buyer by mancipatio, where the seller had made a stipulatio (e.g. a stipulatio duplae) against eviction and where the parties had concluded a consensual emptio venditio. The buyer who had not informed the seller of the real lawsuit initiated against him, could for different reasons institute neither the actio de auctoritate, nor the actio ex stipulatu, nor the actio empti against the seller.