The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1James Mackintosh |
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Page 40
... servitude , a jus in re aliena : it was quite competent , therefore , for the usufructuary to acquire the fee ( nuda proprietas ) , whereupon the servitude and the bare property were consolidated in the full dominium . If he bought in ...
... servitude , a jus in re aliena : it was quite competent , therefore , for the usufructuary to acquire the fee ( nuda proprietas ) , whereupon the servitude and the bare property were consolidated in the full dominium . If he bought in ...
Page 60
... servitudes regarding water from the roof , see D. 8. 2. 20 and 21 . In D. 8. 2. 17 , 3 the same clause occurs as here ... servitude of eavesdrop was required by Roman law to build two and a half feet within his own march . In many Scotch ...
... servitudes regarding water from the roof , see D. 8. 2. 20 and 21 . In D. 8. 2. 17 , 3 the same clause occurs as here ... servitude of eavesdrop was required by Roman law to build two and a half feet within his own march . In many Scotch ...
Page 83
... servitude being accomplished by the grant of a counter - servitude in favour of the hitherto servient tenement , in which case there would be a quite in- telligible res vendita . Some of the dispositions which the civil law held to be ...
... servitude being accomplished by the grant of a counter - servitude in favour of the hitherto servient tenement , in which case there would be a quite in- telligible res vendita . Some of the dispositions which the civil law held to be ...
Page 97
... servitude right of bringing in water , the right passes to a purchaser without express mention of it , and so do the pipes conveying the water , though they are outside the house : 48. PAUL . ULPIAN . 49 . and even if the right to the ...
... servitude right of bringing in water , the right passes to a purchaser without express mention of it , and so do the pipes conveying the water , though they are outside the house : 48. PAUL . ULPIAN . 49 . and even if the right to the ...
Page 108
... servitudes that may prove to exist , and cannot claim relief from his author . The passage cannot be taken , as the gloss takes it , of the case where the seller has expressly refused to be responsible for servitudes ; and no sufficient ...
... servitudes that may prove to exist , and cannot claim relief from his author . The passage cannot be taken , as the gloss takes it , of the case where the seller has expressly refused to be responsible for servitudes ; and no sufficient ...
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Common terms and phrases
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
Popular passages
Page 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.
Page 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...
Page 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.
Page 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...
Page 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.
Page 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...
Page 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...
Page 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...
Page 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.