The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1T. & T. Clark, 1892 - 272 էջ |
From inside the book
Արդյունքներ 59–ի 1-ից 5-ը:
Էջ 5
... opinion would be venalis ; barter was classed with the innominate real contracts of the type do ut des , and as such was actionable as soon as one party had made his prestation . Inst . iii . 23. 2 . The main points of difference by ...
... opinion would be venalis ; barter was classed with the innominate real contracts of the type do ut des , and as such was actionable as soon as one party had made his prestation . Inst . iii . 23. 2 . The main points of difference by ...
Էջ 8
... opinion among the partisans of the second view as to how much must be done in order to bind the proposer and bar him from a revocation of his offer ; some hold the writing of a letter of acceptance , some its despatch , some its arrival ...
... opinion among the partisans of the second view as to how much must be done in order to bind the proposer and bar him from a revocation of his offer ; some hold the writing of a letter of acceptance , some its despatch , some its arrival ...
Էջ 11
... opinion of Proculus ; Labeo had held such an agreement void ( G. iii . 140 ) . It follows from Code l . c . that the arbitrator must be named , ( cp . D. 45. 1. 43 ) ; and that his valuation was binding , however capricious it might be ...
... opinion of Proculus ; Labeo had held such an agreement void ( G. iii . 140 ) . It follows from Code l . c . that the arbitrator must be named , ( cp . D. 45. 1. 43 ) ; and that his valuation was binding , however capricious it might be ...
Էջ 14
... opinions on the question whether the condition implied in a bargain of ' sale or return ' is resolutive or suspensive . 4. POMPONIUS . The purchase of a free man and 14 XVIII . 1. DE CONTRAHENDA EMPTIONE . [ LL . 4 , 5 .
... opinions on the question whether the condition implied in a bargain of ' sale or return ' is resolutive or suspensive . 4. POMPONIUS . The purchase of a free man and 14 XVIII . 1. DE CONTRAHENDA EMPTIONE . [ LL . 4 , 5 .
Էջ 16
... opinion ( LL . 22-24 ; 34 , 1 ; 62 , 1 infra , and notes ) . Savigny ( Obl . ii . § 81 ) , with many able commentators , denies that there is any contradiction in the passages cited ; but even among those who agree in denying that there ...
... opinion ( LL . 22-24 ; 34 , 1 ; 62 , 1 infra , and notes ) . Savigny ( Obl . ii . § 81 ) , with many able commentators , denies that there is any contradiction in the passages cited ; but even among those who agree in denying that there ...
Այլ խմբագրություններ - View all
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Ամբողջությամբ դիտվող - 1892 |
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Ամբողջությամբ դիտվող - 1892 |
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Ամբողջությամբ դիտվող - 1892 |
Common terms and phrases
actio empti action on purchase actionem actum agreement autem bona fide 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 seruus servitude siue slave stipulatio stipulation sunt supra tamen teneri Titius tradita tunc ueluti uendidit uenditio uenditor uenditorem uero ULPIAN ULPIANUS libro usufruct vendee vendor void warranty
Սիրված հատվածներ
Էջ 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.
Էջ 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...
Էջ 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.
Էջ 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...
Էջ 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.
Էջ 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...
Էջ 249 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Էջ 243 - Where any right, duty, or liability would arise under a contract of 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 usage, if the usage be such as to bind both parties to the contract 5(i.
Էջ 250 - ... where the property has passed to the buyer. Unpaid Seller's Lien 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. (c) Where the buyer becomes...
Էջ 243 - ... avoided; but if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor.