Sidor som bilder
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ACTIO EMPTI, where vindicatio incompetent,

210
defences against,

146, 202
ACTIO UENDITI covers all the buyer's obligations,

178
the price with interest from delivery, 178, 180, 222
, outlay on thing sold,

180
lies for share of profit on re-sale,

180
for delay,

224
for fraud of buyer,

170
to compel removal of goods,

154
to enforce a mixed covenant,

132, 148
lex commissoria, .

18
Actio ad exhibendum,

58, 186, 196
aquae pluviae arcendae,

175
Aquilia,

175
communi dividundo,

176
confessoria, negatoria,

204
damni infecti,

175
extraordinaria,

228
injuriarum,

197
institoria,

180
noxalis,

146, 160
Pauliana,

53
praescriptis verbis,
Publiciana,

224
quanti minoris,

157, 168
redhibitoria,

13, 157
Actions, concourse of,

154 sq., 160, 198, 220
duty to assign,

74, 202
Adjected pact. See Pactum.
Aediles, edict of, .

157, 167 sq.
Aestimatio in dotem,

226
Agency of free persons, limited recognition of, .

82, 112, 180
agent buying with knowledge of defects,

34
seller's agent in collusion with buyer,

182
agent's fraud, effect of,

40, 110
Agreement to sell,

5
Alienatio,

9, 115
Alteration of contract by pact,

120
Alternative obligation,

50, 193
risk in,

66
Approval, sale on,

14, 22
Arbitrator, price referred to,

10
Arra,

68
Aversio
, sale en bloc
,

76, 110

19, 98

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3 sq.

Barter, distinguished from sale, .
Bona fides, definition,

requires the obligations to be mutual in sale,

53

164, 222

23,

Bonâ fide buyer, protection of,

must not profit by fraud of seller,
Bonus pater familias, what is,
Bonus vir, what is,
Boundaries, seller's duty to point out,
Burial-place, special property in,

free space round,

reservation of,
Buyer must make seller owner of price,

pay interest on purchase money from delivery,
carry away or send for the goods,

not be tutor of seller,
rights of successor of,

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15
206
73

23
111, 220

50

150
124, 228

156

178
145, 154
67, 97

126

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Capacity of filius familias to contract,

10, 34, 151
of minor,

182
of pupil,

62, 172, 182
of slave,

34
Capitis deminutio,

194, 228
Casus, liability for,

73, 131
Causa rei,

116, 145
Causa lucrativa,

176
Charges on subject sold, recoverable by seller

,.

154, 178
when to be defrayed by seller,

144
non-disclosure of extraordinary,

188
Chirographa,

226
Commodum rei, like the risk, passes on completion of sale, 116, 174, 177 sq.
Concourse of actions,

154
Condictio causa data, causa non secuta,

5
incerti,

154
indebiti,

. 39, 148

69, 196, 200
Condition, suspensive (precedent) or resolutive (subsequent),

13
payment and delivery concurrent conditions, 131, 172, 196
left to discretion of the seller, effect of,

22
no action for non-fulfilment of,

88
not fulfilled through fault of the debtor,

98
in restraint of subsequent alienation,

126
conditional purchase,

. 39, 109
sales,

21 sq., 88 sq., 98, 126, 134
reference of price to arbitrator amounts to, .

11
involved in emptio ad gustum,

66
Consent, nature of,

27
Construction. See Interpretation.
Contract of Sale. See Sale.
Correspondence, contract by,

9
Credit, sale on,
Crop, sale of future,

sine causa,

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41 sq.

24, 27

Crop, standing and future, risk of,

ripe, passes to buyer,

growing reserved, .
Culpa, seller responsible for,
Custodia, seller liable for, pending delivery,

seller not liable if property taken forcibly,
includes duty to exact cautio damni infecti,
seller orders slave to do dangerous work,

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131

173

. 86, 132
24, 176, 206, 230

73
202
206
230

140 sq.

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191 sq.

190 sq.

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141 sq.

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Damages, conventional or penal,

198, 220
measure of,
terms used to express,

95, 111, 169
lucrum cessans and damnum emergens,
where sale fraudulent,

169, 202 sq.
for breach of warranty,
for eviction,

194, 214 sq.
See Delivery, Dolus.
Damnum fatale,

74, 103, 121
Damnum infectum,

175, 206
Defects. See Warranty.
Delay. See Mora.
Delivery passes property, if price paid or secured,

5, 42 sq.
by instalments, .

18
thing stolen before,

73
symbolical or fictitious,

125
damages for non-delivery,

140, 160 sq., 190, 196
for delay in,

140, 144, 190, 202, 206, 220
question whether it can be enforced,
place of contract is place of,

145
is primary obligation on seller,
what it includes,

160
gives title where two buy a non domino,

202
Destruction of thing sold,

37, 103, 107
Distractio,

135
Dolium,

127
Dolus, definition of,

116
causam dans and incidens,

117
implied warranty against in bonae fidei contract,

92, 152, 202
non-disclosure of known burdens is, 108, 114, 142, 188, 208, 210
silence as to known defects is,

168
false representations to affect the price are,

91, 170
statements made in reckless ignorance of the facts are, .

169
in form of active concealment,

92
misstatement as to extent or quality of land is, .

174, 204
mere puffing, and statements as to patent defects are not,

91
sale of res aliena with knowledge is,

55, 152, 162, 200
of freeman letting himself be sold as slave,
practised to induce credit,

43

50, 156

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Dolus, upon creditors,

53
upon minor,

182
of tutor,

172
sundry cases of,

.175, 176, 202, 222, 230

,
no remedy if no damage caused, .

152
remedy by action on contract for rescission and damages, 158, 169, 182

or for damages only at party's
option, or where fraud relates to a subsidiary matter, 80, 96,

114, 118, 146, 152, 170
of stranger to the contract, remedy by actio doli,

118
Donatio inter virum et uxorem,
Donation, distinguished from sale,

.

82

80, 81

67, 85

Earnest,

18, 68, 158
Eavesdrop,

59
Edict. See Aediles.
Emere,

9
Emphyteusis,

45
Emptio ad gustum,

66
ad mensuram,
spei and rei speratæ,

24 sq., 83, 167
ENGLISH Law: sale and exchange,

5
sale and contract for work and labour distinguished, . 46
proof of sale,

12

70
earnest,
contract by correspondence,

8

49
ambiguity in contract, .
implied warranty of title, and covenant for quiet
possession,

53
sale by one not owner,

56

64
sale of stolen goods in market overt,
bona fide purchaser,

54
sale of future crop, and of a mere chance,

26
buying one's own property,

40
goods destroyed wholly or partially before contract

completed,
sale at a valuation,

11
reasonable price implied where no price fixed,

11
vendor's lien in sale of goods, .

21
land,

42

21
stoppage in transitu does not rescind sale,
seller cannot rescind for default in payment,

20
theory of risk, .

78
property and risk pass by same rules, .
transfer of property in corpus manufactum in course of
construction,

57
executory contracts of sale,
seller bailee for buyer pending delivery,

75

37, 107

77 sq.

46 sq.

PAGE

92

54, 118

140 sq.

30, 94

35, 36

English Law: warranty in general,
of freedom from charges,

144
delivery and payment by instalments,

18
duty of buyer to carry away the goods,

154
sale and return, and sale on approval,.

14
condition not fulfilled by fault of party,

99
mistake,

31-33
recovery of money paid in mistake,

38
ignorance of fact and law,

37
fraud,
damages for non-delivery and delay,
interest not due, unless expressly promised,

179
actio quanti minoris allowed generally,

119
specific performance,

142
rules as to demand for payment and tender like those
of civil law,

221
readiness to pay or deliver, proof required of,

131, 173
Erro,

158
Error in corpore is essential,

28
in substantia or materia, when essential, .
as to ownership of thing sold,

38
mutual error as to material properties,
plated article bought for solid silver,

90
second-hand clothes bought for new,

95
as to wood of which furniture is made,

190
subject matter being in commercio,

15 sq., 110
existence of subject matter, .

36, 103 sq.
as to accessory,
as to quantity, effects of,

87
of motive, effects of,

148
Eviction, no remedy for defect of title pending,

55
(except where sale is fraudulent),

201
implied warranty against,

114, 122
express warranty (stipulatio duplae),

15, 123
covenant not to answer for, effect of,

152, 164 sq.
on ground of adverse right of possession,

160
a personal servitude,

114
a noxal claim,

160
whether proof of servitude road over property amounts to, 204
no warranty against, in sale of pledge,

162
buyer need not cite his author, where claim indisputable,

160
from an accessory,

162
extent of claim for,

172, 176, 215 sq.
value at time of, is general measure of damages,

216
Exceptio doli,

35, 130, 172, 198, 210, 218
mercis non traditae,

130, 196
non adimpleti contractus,

130
rei venditae et traditae,

60

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219, 222

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