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Alternative title:

Liability of the parties of a purchase and sale contract for vitia animi

Subject and Keywords:

emptio-venditio   vitia animi   edictum de macipiis vendundis   ectio empti   actio redhibitoria


The article focuses on the liability of the parties of a purchase and sale contract for vitia animi of a slave, being a subject of the contract. Actio redhibitoria, which the 21st title of the Digest is devoted to, was generally applied in cases of maladies and physical defects of the latter. However, classical jurists pointed out that slaves could also have been affected by vitia animi, i.e. various sorts of mental disorders. Among the most frequent ones were proneness to runaway or vagrancy, committing a delict followed by noxal liability of his owner, committing a capital crime, condemnation to fighting wild beasts, suicidal tendencies, and inclination for thefts. An expansion of the vitia’s catalogue leading to the seller’s liability lied in a special interest of the buyers. Gradual appreciation of vitia animi, which were often impossible to be discerned even in case of thorough examination of the goods, within warranty clauses added to the purchase and sale contract, unquestionably enabled to reduce the risk of the buyer, naturally associated with every transaction of this kind.

Place of publishing:



E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Date issued:


Detailed Type:



ISBN 978-83-66601-13-0 (druk)   ISBN 978-83-66601-15-4 (druk)   ISBN 978-83-66601-14-7 (online)




pol   eng


(e-Monografie ; nr 166)

Is part of:

Zgromadzenia stanowe i organy przedstawicielskie w dziejach. Księga jubileuszowa dedykowana Profesorowi Marianowi Józefowi Ptakowi

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Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego