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Fundamina

On-line version ISSN 2411-7870

Abstract

ANKUM, Hans. Problems concerning laudatio auctoris and denuntiatio litis made by the buyer in classical Roman law. Fundamina (Pretoria) [online]. 2014, vol.20, n.1, pp. 1-14. ISSN 2411-7870.

As will be shown in this article, in classical Roman law the buyer of a thing, against whom the rei vindicatio or a comparable real action had been instituted, had the duty to notify the seller. This holds true in the cases where a res mancipi had been transferred to the buyer by mancipatio, where the seller had made a stipulatio (e.g. a stipulatio duplae) against eviction and where the parties had concluded a consensual emptio venditio. The buyer who had not informed the seller of the real lawsuit initiated against him, could for different reasons institute neither the actio de auctoritate, nor the actio ex stipulatu, nor the actio empti against the seller.

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