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Emptio Venditio (2)

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Chapter Summary

This chapter presents a text situated in the third book of Gaius' Institutiones, in the part on emptio venditio (Gai., 3.139-141). In this part, Gaius discusses some requirements of a contract of sale. Gaius listed the arguments used by the Sabinians and the Proculians in support of their view. The Sabinians argued that barter was a species of sale and, more specifically, its oldest species. The Proculians, on the other hand, argued that barter and sale were two distinct contracts. The Sabinians identified barter with sale and allowed the actio empti and the actio venditi to be used in case of barter as well. The Proculians, on the other hand, 'recognised the differences and were ready to recognise new legal categories which would take account of those differences. The Proculians stressed the difference between barter and sale and maintained that the actions of sale could not be applied to barter.

Keywords: actio empti; actio venditi; barter; emptio venditio; Gaius; Proculians; Sabinians



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