engleski

From legal action of Curule aediles to Directive 1999/44?

The edict of the Curule aediles is a Roman legal normative act which exerted an enormous influence on the modern law of obligations, especially two of its most famous legal actions – actio quanti minoris and actio redhibitoria. Both actions were developed in the practice of Roman magistry, the Curule aediles, and were used only in market transactions of sales and livestock. Actio quanti minoris allowed the buyer to ask for reduction of price in a situation where the slave or livestock had a defect that was not declared by the seller. Actio redhibitoria allowed the buyer to ask for termination of contract and restitutio in integrum. The idea behind this practice was to protect buyers from professional sellers. Both actions survived over a long period of time, and can still be found today in the law of obligations of all European Union member states. One of the reasons for that is Directive 1999/44 on certain aspects of the sale of consumer goods and associated guarantees, which allows consumers to ask for reduction of price, or the termination of contract, when the goods have specific defects.

Roman law ; Curule aediles ; slave ; defect ; actio quanti minoris ; actio redhibitoria ; Directive 1999/44

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