Chapter

The Ignorant Seller’s Liability for Latent Defects: One <i>Regula</i> or Various Sets of Rules?

Jan Hallbeek

in The Creation of the Ius Commune

Published by Edinburgh University Press

Published in print July 2010 | ISBN: 9780748638970
Published online March 2012 | e-ISBN: 9780748651481 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748638970.003.0018
The Ignorant Seller’s Liability for Latent Defects: One Regula or Various Sets of Rules?

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This chapter investigates the way in which developments in medieval learned law contributed to the formation of a more general doctrine on the ignorant seller's liability for latent defects, as far as such liability is imposed by the law; in other words, not based on warranties or contractual clauses voluntarily agreed upon by the parties, or on the seller's malicious intent. The differing remedies in the Roman texts allowed the medieval jurists to develop contrasting solutions to complex intellectual problems as they weighed up alternate advantages and disadvantages.

Keywords: medieval learned law; liability; latent defects; Roman texts; medieval jurists

Chapter.  21460 words. 

Subjects: History of Law

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