Warranty Against Eviction in Roman Law: A Conventional or Legal Obligation?

Social Economic Debates, April 2014, Vol. 3, No. 1

7 Pages Posted: 19 May 2014

Date Written: April 17, 2014

Abstract

The purpose of this paper is to highlight the mechanism of the vendor’s warranty against eviction by reference to known sources of Roman Law, and to search for its nature, either legal or conventional.

The first two parts of the paper will be mostly dedicated to establishing terminology and the evolution of the sale contract in Roman Law, while the next three parts will be dedicated to a punctual analyze of the mechanisms of warranty for eviction by reference to the sale by mancipation, by double stipulation and by consensual contracts.

The last part will sum up a conclusion about the nature of the obligation to warrant as it had been previously approached.

Keywords: warranty against eviction, Roman law, history of law, eviction, sale contract

JEL Classification: K12

Suggested Citation

Vernea, Sorin, Warranty Against Eviction in Roman Law: A Conventional or Legal Obligation? (April 17, 2014). Social Economic Debates, April 2014, Vol. 3, No. 1. Available at SSRN: https://ssrn.com/abstract=2438228

Sorin Vernea (Contact Author)

Social Economic Debates ( email )

Bucharest
Romania

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