oa Fundamina : A Journal of Legal History - Problems concerning and made by the buyer in classical Roman law

Special issue 1
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



As will be shown in this article, in classical Roman law the buyer of a thing, against whom the or a comparable real action had been instituted, had the duty to notify the seller. This holds true in the cases where a had been transferred to the buyer by , where the seller had made a (e.g. a ) against eviction and where the parties had concluded a consensual . The buyer who had not informed the seller of the real lawsuit initiated against him, could for different reasons institute neither the , nor the , nor the against the seller.

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