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The Creation of the Ius CommuneFrom Casus to Regula$
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John W. Cairns and Paul J. du Plessis

Print publication date: 2010

Print ISBN-13: 9780748638970

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748638970.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 28 May 2020

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

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

Chapter:
(p.175) 8 The Ignorant Seller’s Liability for Latent Defects: One Regula or Various Sets of Rules?
Source:
The Creation of the Ius Commune
Author(s):

Jan Hallbeek

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748638970.003.0018

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

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