Actio venditi
In the Roman Code of Obligations, the seller of an item from the sales contract ( emptio venditio = purchase sale) could demand payment of the agreed purchase price by means of actio venditi .
The type of action formed the counterpart to actio empti , which, conversely, was available to the buyer to demand the performance of the object of purchase from the Synallagma . The complaint was based on the performance obligations, insofar as these had to be specified in the absence of unambiguous contractual provisions. Both complaints were actiones bonae fidei (principle of interpretation ). Interest on arrears could be charged on an open purchase price. Had during the delay of the buyer, expenses are incurred on the purchased item was allowed, reimbursement of expenses be claimed. Other violated ancillary agreements could lead to claims for damages.
Individual evidence
- ^ A b Heinrich Honsell : Römisches Recht, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 126 f., 139, 154.
- ↑ Ulpian : Digesta Iustiniani , 19.1, 11, pr.2.
- ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 236.
