REVISION SESSION - Jean Meiring's Class

DEAR ALL

AN EXAM PREPARATION SESSION  WITH PROF. MEIRING WILL TAKE PLACE AFTER CLASS ON FRIDAY THE 22nd OF OCTOBER.

TIME AND VENUE TO BE CONFIRMED.

ATTENDANCE IS VOLUNTARY, EVERYONE IS WELCOME.

EMPTIO VENDITIO or CONTRACT OF SALE

ESSENTIAL ELEMENTS	PRICE, pretium: Certum: determined, could be determined by a third party Verum: true – the sale must be real, not a simulation of a sale. Could however, be symbolic .Laetio enormis: sales for lower than half the value of the thing. An amount of money: even if partially RES VENDITA, Merx, thing: determined or determinable. CONSENSUS: agreement to sale/buy
FEATURES	Bonae Fideii Bilateral Onerous Consensual
MAIN OBLIGATIONS	-Buyer, Emptor: to pay the price -Seller, Vendor: a. to deliver the thing b. to take care of the thing between perfection of the contract and delivery (custodia) c. To give warranty against eviction: offer vacua posessio – peaceful and undistrurbed possession of the thing. d. To give warranty against latent defects of the thing (CAREFUL!!! Latent= not evident, the buyer is supposed to inspect the thing upon first view CAVEAT EMPTORIS). Not since the beginning, started by the Edicts. E. To pass to the buyer any actions to protect possession of the thing
RISK	General Principle: Periculum est emptoris: the buyer carries the risk of the thing. During classic period for vis maior (force majeur and fortuitous case – act of God). In Justinian era, also for innocent damage: culpa lata Risk shift: when either party is delayed to comply with his obligation – in mora- the risk goes back to the delayed party	Because the contract is perfected by consensus in a price and a thing, having a risk meant that even though the thing could have been damaged or destroyed, the contract still existed and the price was still owed. Click here to find out more on risk (text in italian)
SPECIAL CASES	Spes: buy of expectations, hopes, futures Venditio res aliena: sales of things that belonged to third parties Sale of fungible things: they had to be somehow specified – not only by a measure or amount-
ERROR/ VIS/ DOLI	Error in negotium: Causal theory vs. Abstract theory Error in Persona Vis Doli
ACTIONS	Quanti Minoris Redhibitoria Ex emptio Bonae Fideii