The essay analyses the final clause of the edict of the ediles curules concerning the sale of slaves and animals (hoc amplius si quis adversus ea sciens dolo malo vendidisse dicetur, iudicium dabimus), which promised an additional iudicium against sellers who had acted sciens dolo malo. After examining the main doctrinal theses on the nature of this remedy, the author argues that the promised iudicium was the same as the actio redhibitoria, granted by the aediles to protect buyers from any deception: the final clause allowed the seller who was aware of a defect to be held liable, even when he had agreed to be exempt from liability.
Le tutele del compratore tra diritto edilizio e diritto pretorio
p. lambrini
2026
Abstract
The essay analyses the final clause of the edict of the ediles curules concerning the sale of slaves and animals (hoc amplius si quis adversus ea sciens dolo malo vendidisse dicetur, iudicium dabimus), which promised an additional iudicium against sellers who had acted sciens dolo malo. After examining the main doctrinal theses on the nature of this remedy, the author argues that the promised iudicium was the same as the actio redhibitoria, granted by the aediles to protect buyers from any deception: the final clause allowed the seller who was aware of a defect to be held liable, even when he had agreed to be exempt from liability.File in questo prodotto:
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