engleski

Roman sale on approval in practice

Sale on approval is a variation of a sale contract, where a buyer takes a thing under the condition to test it and confirm it suits his wishes. Such an agreement grants the buyer a trial period, where he could reject the object of sale. In Roman legal tradition, sale on approval could be concluded as additional clause to contract of sale, called pactum displicentiae. However, this is not the only Roman version of trial sale. In legal and literal sources, we find evidences of usage of emptio ad gustum, additional clause to the sale that allowed buyer the degustation of wine prior to the conclusion of the contract, as well as datio ad experiendum and pactum redhibendi, which will be discussed in the presentation.Even though modern legal doctrine refers to sale on approval as pactum displicentiae, the practice in ancient Rome demonstrates that there were other institutes, which granted the trial period to the buyer. This presentation aims to show that the concept of pactum displicentiae, comprehended from modern point of view, was not applicable to all potential situations where contracting parties wanted to include trial period. Therefore, legal practice had to create new institutes and/or to modify existing ones. Law in action gave buyers and sellers more choices, and the purpose of this presentation is to show how this freedom affected preferences of contractual parties.

Pactum displicentiae ; emptio ad gustum ; datio ad experiendum

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