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Emptio Venditio (1)

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Chapter Summary

This chapter deals with a text that is situated in the part on the law of obligations in Gaius' Institutiones and, more precisely, in the discussion on emptio venditio, covered in Gai., 3.139-141. According to Gaius (3.139), a contract of sale was concluded when the parties agreed on the price. In the subsequent paragraphs (3.140-141), two further requirements regarding the price in a contract of sale are discussed: the price must be certain and must consist of money. In the text under consideration, Gaius discussed the third borderline case. The chapter talks about Justinian's decision regarding a contract of sale and a contract of hire. In Inst., 3.23.1, Justinian referred to the long-standing debate which preceded his decision. According to Justinian, the agreement 'quanti Titius rem aestimaverit, tanti sit empta' was a condition. Once this condition was fulfilled, the price was certain and the contract of sale became fully operative.

Keywords: Emperor Justinian Augustus; emptio venditio; Gaius; Institutiones

10.1163/ej.9789004187740.i-358.78
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