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Full-Text Articles in Legal History
El Pretendido Efecto Retroactivo De La Condición Cumplida, Patricio Lazo
El Pretendido Efecto Retroactivo De La Condición Cumplida, Patricio Lazo
Patricio Lazo
The topic of this article is the study of Roman sources of law, to the extent that they determine whether the condition which has been fulfilled could have had, or no, a retroactive effect, since some of those sources answer “yes, there was such a retroactive effect”, while others simply deny it. In examining those texts, the author assumes the methodological premise according to which Roman jurists were used to review the cases as decided by earlier jurists, in order, either to confirm the old jurisprudence, or to establish new and varying solutions to the problems. In that perspective, the …
The Buyer Who Wants To Pay More, Ernest Metzger
The Buyer Who Wants To Pay More, Ernest Metzger
Ernest Metzger
In Roman law, a valid contract of sale required the parties to agree on a certain price. Some modern works nevertheless accept that the law ignored a certain species of error: the buyer is willing to pay more than the seller expects to receive, and a valid contract of sale is formed on the lower price. This supposed exception is based, not any text on sale, but on a single text on contracts of hire, Digest 19.2.52. This text suggests that, in some cases, a contract of hire might arise where the tenant believes he is paying a higher rent …