Roman Law Contracts: Sale, Obligations, and Property Rights

Introduction to Roman Law Concepts

This document provides a framework for fully mastering key legal principles.

Key Elements of Roman Law Obligations

• Contract
• Stipulation
• Definition
• Delict

Contract Types in Roman Law

• Contract of Sale
• Lease
• Mandate
• Partnership

Consensual Contracts Defined

These contracts are perfected by the mere agreement (consent) of the parties. For instance, in a sale, the agreement covers both the delivery of the thing and the promise to pay the price.

The Roman Contract of Sale

The Contract of Sale is a consensual contract between a buyer and a seller, requiring a specific thing and a monetary price. It generates reciprocal obligations to provide the thing and pay the price. The contract is perfected by the consent of the parties, which must be free from vices such as error, duress (force), fraud, and sometimes lesion (injury).

Transfer of Ownership Methods

• Things Mancipi: Transferred via Mancipatio or In Iure Cessio.
• Non-Mancipi Things: Transferred via Traditio.

Understanding Consent in Contracts

Consent must pertain to the object and price, and be free, spontaneous, express or implied, and manifested through actions. Error in consent leads to Dissent.

Vices of Consent: Impairing Agreement

These include error, duress (force), fraud, and lesion (injury). Specific types of error include:

• Error in Negotio (error concerning the type of transaction)
• Error in Corpore (error concerning the object)
• Error in Pretio (error concerning the price)
• Error in Substantia (error concerning the essential quality of the thing)

However, an error in the name of the object does not vitiate consent.

Inheritance and Succession in Roman Law

Inheritance is an incorporeal right and a juridical universality. It encompasses all property of the deceased, and its transfer is unitary. Expectations of future inheritance cannot be sold (known as pactum corvinum).

Transfer of Credit and Obligations

Obligations can be transferred through novation (a change of creditor) or by assignment.

Usufruct and Servitude: Real Rights

Usufruct is a highly personal right, while a servitude is a real right tied to a property. The sale of such rights involves specific legal considerations, sometimes referred to as "selling the situation" (e.g., "D Sale Number of Keys").

Prohibited Sales and Legal Restrictions

A contract of sale cannot be made between a guardian and their ward, between spouses, or between a parent and a child under their custody.

Sale of Future Things and Speculative Purchases

• Future Thing: Something that is certain to exist.
• Hope (Emptio Spei): A speculative purchase where the buyer pays regardless of whether the thing comes into existence.

Defining the Price in Roman Sales

The price must be real, in money, freely agreed upon by the parties, and either specified or determinable by a third party or a specific circumstance.

Lesion (Laesio Enormis) in Real Estate

This applies to real estate. Enormous lesion occurs when the seller sells for less than half the just price (the buyer can return the property or pay the difference) or when the buyer purchases for more than double the just price (the seller can return the excess money).

Warranties in Roman Law Contracts

Warranty Against Eviction

If the buyer is sued by a third party claiming a superior right to the property (e.g., claiming full or partial ownership), and the buyer loses the case, the seller is obligated to:

• Restore the buyer's possession
• Pay damages
• Ensure the buyer's real right
• Pay the full value of the property

Specifics for Mancipi Things

For Mancipi things, the seller is liable for double the price if the buyer is evicted. If the seller successfully defends the buyer in court, they only pay the trial costs.

Warranty of Title and Peaceful Possession

The seller warrants that the thing sold is owned. If the buyer loses possession due to a legal claim, the seller is liable to ensure the buyer's full ownership interest.

Actio Empti: The Buyer's Action

If the vendor refuses to fulfill their obligations (e.g., after eviction), they can be sentenced to pay maximum damages resulting from the buyer's eviction.

Redhibitory Vices (Hidden Defects)

These are vices or qualities that are hidden or do not exist, but the seller knows about them and sells the item nonetheless.

Seller's Liability: Willful vs. Good Faith

• If the seller acted willfully (with bad faith): The buyer can claim all damages and interests.
• If the seller acted in good faith: The buyer may request a price reduction. The seller is only liable for the vice itself.