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Fundamina

On-line version ISSN 2411-7870
Print version ISSN 1021-545X

Abstract

RODRIGUEZ DIEZ, Javier E. Mancipatio by an agent and the satisdatio and repromissio secundum mancipium as sureties for eviction. Fundamina (Pretoria) [online]. 2019, vol.25, n.1, pp.70-99. ISSN 2411-7870.  http://dx.doi.org/10.17159/2411-7870/2019/v25n1a4.

The satisdatio secundum mancipium and the repromissio secundum mancipium were the first stipulations for eviction granted by the seller in Roman private law. The obscurity of the sources on the subject has given place to various theories concerning the exact role of these institutions. This article attempts to analyse the available evidence by revisiting the traditional idea of the impossibility of an agent to mancipate, concluding that the role of the satisdatio and repromissio secundum mancipium was to grant the buyer a surety against eviction when an agent mancipated on behalf of the owner. This role would better explain the features of these institutions compared to other mechanisms protecting the buyer, such as the stipulatio duplae and the exceptio rei venditae et traditae. The sources suggest that a need for such surety was triggered by the absence of responsibility for auctoritas following from a mancipatio by an agent. This surety has moreover left traces in Roman legal practice, which confirm the role of these stipulations and their practical importance.

Keywords : satisdatio secundum mancipium; repromissio secundum mancipium; eviction; auctoritas; stipulatio duplae; exceptio rei venditae et traditae.

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