Original scientific paper
https://doi.org/10.3935/zpfz.72.6.04
The Application of the Curule Aediles Rules on Immovables (rerum esse tam earum quae soli sint quam earum quae mobiles aut se moventes)
Marko Sukačić
orcid.org/0000-0001-9113-7421
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
In this paper, the author analyses the question of the application of the curule aediles rules on immovables, in line with the Ulpian’s quote of Labeo from D. 21,1,1pr. The first part of the paper contains an analysis of Labeo’s claim quoted by Ulpian, followed by a scrutiny of its importance in the incorporation of aediles’ actions into the actio empti, and a study of the sources that bring into relation aediles and the sale of immovable. The next part consists of a discussion on the immovables described as pestilens (pestilential, infected, unhealthy) and of an analysis of the sources that indicate the application of the actio redhibitoria on such sale. In the conclusion, the author presents arguments in support of the interpretation that the debate on the application of the rules of the edicts of the curule aediles to the sale of immovables existed in classical law and thus the mixing of actio redhibitoria and actio empti had occurred as early as during the time of Diocletian.
Keywords
sale contract; actio redhibitoria; actio empti; immovable; Roman law
Hrčak ID:
292010
URI
Publication date:
30.12.2022.
Visits: 606 *