The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1James Mackintosh T. & T. Clark, 1892 - 272 halaman |
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... Inst . iii . 23. 2 . The main points of difference by Roman law were : ( 1 ) Sale was a consensual contract , barter a real contract , depending for its force on performance ( datio rei ) by one party . An agreement to sell gave rise to ...
... Inst . iii . 23. 2 . The main points of difference by Roman law were : ( 1 ) Sale was a consensual contract , barter a real contract , depending for its force on performance ( datio rei ) by one party . An agreement to sell gave rise to ...
Halaman 10
... Inst . iii . 23. 1 ; and further , the price must be serious ( L. 36 ) , i.e. there must be intention to exact it ; but it was sufficient for the validity of the contract that there had once been a price really incumbent upon the buyer ...
... Inst . iii . 23. 1 ; and further , the price must be serious ( L. 36 ) , i.e. there must be intention to exact it ; but it was sufficient for the validity of the contract that there had once been a price really incumbent upon the buyer ...
Halaman 11
... Inst . iii . 24. 1 ; D. 19. 5. 22 ; 17. 2. 79 ; 18. 1. 35 , 1 . The principles bearing on agreement to sell at a valuation have been adopted into English law ( Vickers v . Vickers ( 1867 ) L. R. 4 Eq . 529 , at p . 535 ) . In that case ...
... Inst . iii . 24. 1 ; D. 19. 5. 22 ; 17. 2. 79 ; 18. 1. 35 , 1 . The principles bearing on agreement to sell at a valuation have been adopted into English law ( Vickers v . Vickers ( 1867 ) L. R. 4 Eq . 529 , at p . 535 ) . In that case ...
Halaman 12
... ( Inst . iii . tit . 22 ) : hence , in countries which have followed the Roman law , all kinds of evidence , parole as well as written , are admitted in proof of the commercial contract for the sale of goods . The rules of evidence in ...
... ( Inst . iii . tit . 22 ) : hence , in countries which have followed the Roman law , all kinds of evidence , parole as well as written , are admitted in proof of the commercial contract for the sale of goods . The rules of evidence in ...
Halaman 13
... Inst . iii . 23. 4 ) . The actions available for enforcing the pact were the actio emti ( D. 19. 1. 11 , 3 ) and the actio redhibitoria , under the edict of the aediles ( C. iv . 58. 4 ) . If the party resiling had in the meantime ...
... Inst . iii . 23. 4 ) . The actions available for enforcing the pact were the actio emti ( D. 19. 1. 11 , 3 ) and the actio redhibitoria , under the edict of the aediles ( C. iv . 58. 4 ) . If the party resiling had in the meantime ...
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actio empti action on purchase actionem actum agreement autem bona fide bound breach buyer causa claim clause condition contract of sale creditor damages debet delivered delivery dolo edictum eius emptionem emptor emptorem enim eo nomine esset etiam eviction ex empto ex uendito fraud fundi fundum ground habere held idem ideo implied Inst iugera Justinian Labeo lands Law of Scotland liable mihi neque nihil obligation opinion owner Papinian parties PAULUS libro payment peculium person POMPONIUS libro posse possession potest Pothier praestare pretio pretium quae quaesitum est quam quamuis quia quid quidem quod quoque Roman law rule Sabinum Scots law sell seller seruus servitude siue slave stipulatio stipulation sunt supra tamen teneri Titius tradita tunc ueluti uendidit uenditio uenditor uenditorem uero uidetur ULPIAN ULPIANUS libro usufruct vendee vendor warranty