Actio redhibitoria
The actio redhibitoria (dt. Change ) was a complaint of Roman law . With it, sales contracts made on the market for slaves and draft animals could be reversed. In return, the purchase price was refunded.
This actio , developed at the time of procedural legislative action , was already described by the comedy writer Plautus (around 250-184 BC). The development of the change as a legal institution is linked to that of stipulation , because the seller could agree on this as an additional guarantee for any material defects. The scope of the guarantee was based on an individual stipulation formula. For the market purchase, the assumption of the guarantee led to the formation of the actio redhibitoria under fee law.
The responsible market magistrates , curulic aediles , issued edicts due to good custom , which instructed the sellers to publicly announce the defects of the slaves or cattle ( palam recte pronuntianto or dicunto ). Mistakes could be illness, weaknesses in character or a tendency to flee. Non-obvious errors that were not reported led to the return of the slave via the Aedilic actio redhibitoria within a period of six months. If necessary, the actio quanti minoris offered a right to a reduction in the purchase price within one year. In addition, the buyer had warranty claims from stipulation. If there was no such thing, the buyer only had the actio redhibitoria or the actio quanti minoris available. It was irrelevant whether the seller knew the error.
In the digests the actio redhibitoria can be found in Chapter 1 of Book XXI: De aedilicio edicto et redhibitione et quanti minoris . The actio redhibitoria found its way into the continental European codifications via the digests . The conversion is in Germany in § 462 BGB a. F., in Austria in § 932 ABGB and in Switzerland in Art. 205 OR . As action rédhibitoire it can be found in Art. 1644 of the French Civil Code and as acción redhibitoria in Art. 1484 ff. Of the Spanish Código civil .
Individual evidence
literature
- Paul Jörs , Wolfgang Kunkel , Leopold Wenger : Roman private law. 3rd edition, Berlin 1949, p. 234 f.