Exceptio rei venditae et traditae

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The exceptio rei venditae et traditae (Latin "defense of the sold and handed over thing") was a defense in Roman law with which the defendant could defend himself against the " rei vindicatio " (property suit).

Litigation formula

It was included in the complaint so that it read as follows:

"Titius iudex esto. Si paret rem, qua de agitur, es iure Quiritium Auli Agerii esse, si non Aulus Agerius eam rem, qua de agitur, Numerio Negidio vendidit et tradidit , neque ea res arbitrio iudicis Aulo Agerio restituetur, quanti ea res erit, tantam pecuniam iudex Numerium Negidium Aulo Agerio condemnato; so non paret, gradito. "( " Titus is to be a judge. As for the matter that Aulus Agerius has given a silver table in custody at Numerius Negidius, what it is about, you, judge, should do everything out of faithfulness and Belief that Numerius Negidius is obliged to give to Aulus Agerius (or is obliged to do) to condemn Numerius Negidius in favor of Aulus Agerius. If it does not turn out to be true, then you should dismiss the complaint ” ).

As with every exceptio, the judge had to additionally check the defenses and dismiss the action if it was fulfilled. The exceptio had to be included in the praetor's lament. Anyone who failed to do so was no longer heard in front of the judge.

See also

literature

  • Friedrich Wiebeking: About the exceptio rei venditæ et traditæ according to ancient and modern Roman law. A civilist treatise. Finsterlein, Munich 1847, ( digitized ; Munich, University, dissertation, 1846).

Web links

Individual evidence

  1. ^ Heinrich Honsell : Roman law. 8th edition. Springer, Berlin et al. 2015, ISBN 978-3-662-45870-9 , p. 71.
  2. ↑ Guido Pfeifer: Structure for the lecture Institutions of Private Law § 3: Legal business theory. Winter semester 2006/2007. P. 7 .