OSSERVAZIONI SUL SISTEMA POSTCLASSICO DELLA GARANZIA DEI VIZI NELLA COMPRAVENDITA ROMANA
Author(s): Gábor Hamza
OBSERVATIONS ON THE POSTCLASSICAL SYSTEM OF GUARANTEES FOR DEFECTS IN ROMAN TRADING
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Philosophy of Law, Maritime Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: guarantee for hidden defects; seller's responsibility; edict of aediles curules; stipulatio.
Summary/Abstract: The guarantee for hidden defects means the seller's respsponsibility for the qualities established by law or in the contract and relating to the sold item. The essence of the guarantee is that the seller is responsible for the defects of the item, which he already had at the time of traditio. This obligation is focused not so much on responsibility as on the perfect fulfillment of the obligation. The rules of guarantee developed in the classical era in Rome remain largely unchanged even in the postclassical era and are thus incorporated into codified matter. A significant part of this regulation still originates from the edict of the aediles curules, who acted as magistrates for the regulation of trade relations.
- Issue Year: 2021
- Issue No: 1
- Page Range: 174-197
- Page Count: 24
- Language: Italian