The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1James Mackintosh T. & T. Clark, 1892 - 272 sidor |
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Sida 5
... paid or secured or credit given . ( 4 ) A sale might be rescinded on the ground of laesio enormis , an exchange could not . ( 5 ) The legal remedies were different : e.g. a seller who has given delivery on credit cannot demand his goods ...
... paid or secured or credit given . ( 4 ) A sale might be rescinded on the ground of laesio enormis , an exchange could not . ( 5 ) The legal remedies were different : e.g. a seller who has given delivery on credit cannot demand his goods ...
Sida 14
... paid . Held , that A's right to return was unaffected by the accident that happened to the horse while in his possession ; and observed , that the effect of the contract was to vest the property in the buyer , subject to a right of ...
... paid . Held , that A's right to return was unaffected by the accident that happened to the horse while in his possession ; and observed , that the effect of the contract was to vest the property in the buyer , subject to a right of ...
Sida 17
... paid for by instalments in one , two , and three years , under the condition that , if the price be not paid in the interest of the seller , as a security for payment of the price in credit sales , and it could not be enforced by the ...
... paid for by instalments in one , two , and three years , under the condition that , if the price be not paid in the interest of the seller , as a security for payment of the price in credit sales , and it could not be enforced by the ...
Sida 18
... paid to account of the price , but is allowed to retain , as compensation for his loss , the fruits he has meantime gathered ( D. 18. 3. 6 ; ib . 4 , 1 ; ib . 8 ) . The seller might even go so far as to stipulate by a special covenant ...
... paid to account of the price , but is allowed to retain , as compensation for his loss , the fruits he has meantime gathered ( D. 18. 3. 6 ; ib . 4 , 1 ; ib . 8 ) . The seller might even go so far as to stipulate by a special covenant ...
Sida 19
... paid by the term appointed , the vendor can bring an action on the sale . The statement that an action on sale will lie , although the sale . is declared to be off , need not occasion any difficulty ; for in all cases of sale the ...
... paid by the term appointed , the vendor can bring an action on the sale . The statement that an action on sale will lie , although the sale . is declared to be off , need not occasion any difficulty ; for in all cases of sale the ...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 Obegränsad förhandsgranskning - 1892 |
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Obegränsad förhandsgranskning - 1892 |
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Obegränsad förhandsgranskning - 1892 |
Vanliga ord och fraser
actio empti action on purchase actionem actum agreement autem bona bound breach buyer causa claim clause condictio 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 liable Macp 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 quis quod quoque Roman law rule Sabinum Scots law sell seller seruum servitude siue slave stipulatio stipulation sunt supra tamen teneri thing sold Titius tradita tunc ueluti uendidit uenditio uenditor uenditorem uero uidetur ULPIAN ULPIANUS libro usufruct vendee vendor warranty
Populära avsnitt
Sida 242 - There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.
Sida 242 - ... be actually made, procured or provided or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Sida 254 - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Sida 246 - Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not...
Sida 244 - Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description ; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Sida 255 - A right to bid may be reserved expressly by or on behalf of the seller. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ...
Sida 246 - ... description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be express or implied, and may be given either before or after the appropriation is made...
Sida 251 - ... where the property has passed to the buyer. UNPAID SELLER'S LIEN Section 54. WHEN RIGHT OF LIEN MAY BE EXERCISED. (1) Subject to the provisions of this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit; (b) Where the goods have been sold on credit, but the term of credit has expired; 166 (c) Where the buyer...
Sida 243 - Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale.