WARNING:
JavaScript is turned OFF. None of the links on this concept map will
work until it is reactivated.
If you need help turning JavaScript On, click here.
This Concept Map, created with IHMC CmapTools, has information related to: 07 Duties of seller, If seller refuses or is unsuccessful, buyer entitled to double purchase price and Initially punitive as seen as theft of purchase price and assumed seller knows not owner, but not always so, In CL, custodia so liable for all damages beside vis maior and In PCL, culpa levis in abstracto so show care of bonus paterfamilias, Initially punitive as seen as theft of purchase price and assumed seller knows not owner, but not always so so No longer seen as punitive, but instead as compensation, Must warrant the buyer against eviction but Only relevant where sold res aliena bona fide; if mala fide, then actio empti, 2) As result of defect in title that existed at conclusion of contract (not supervening occurence eg expropriation) and 3) Eviction can't be fault of buyer: needs to give notice to seller and put up a virile defence (can't hand over), EMPTIO VENDITIO: DUTIES OF SELLER are Enforced by actio empti, Partial eviction also possible where third party enforces real rights (eg servitude) that affected peaceable enjoyment and Could also exclude warrant against eviction by agreement: pactum de non praestanda evictione, EMPTIO VENDITIO: DUTIES OF SELLER where 5) May not act contrary to bona fides, EMPTIO VENDITIO: DUTIES OF SELLER with 4) Liable for latent defects, Could also exclude warrant against eviction by agreement: pactum de non praestanda evictione but Pactum not enforceable where acted with dolus or if helps true owner to evict the buyer (eg info), Can only withhold purchase price until problems surrounding ownership are solved and Action for eviction had requirements before remedies were available, Purpose of contract of sale is to make buyer owner instead of seller, but, for convenience, ownership of the merx not a requirement thus Sale of res aliena was valid, but nemo plus iuris & so no transfer, Withholding the purchase price if buyer already in possession of the merx, but yet to pay purch price where Before Diocletian, could retain price in spite of an offer by the seller of security for potential loss, Actio empti (200 BC): buyer could enforce anything owed to him in good faith and Intially use it where seller sold res aliena mala fide or gave warranty that owner, If true owner evicted buyer, then buyer could claim back from seller where Consequence if not to invalidate the contract and is still valid, Could get the same effect with stipulatios where Stipulatio duplae was 1st to develop and initially used with res mancipi to foreigners, but later valuable res nec mancipi, No longer seen as punitive, but instead as compensation and Known in CL, but deleted in the works of Justinian, Consequence if not to invalidate the contract and is still valid but Must warrant the buyer against eviction, If seller in mora (debitoris), then liable for even vis maior damages and 2) Duty to deliver vacuous possession (vacuam possess- ionem tradere), Not clear if warrant against eviction by 3rd party or just that seller and heirs will not interfere with enjoyment in CL, assimilated into duty to 2) Duty to deliver vacuous possession (vacuam possess- ionem tradere)