Original scientific paper

Error in substantia in classical Roman law

Marko Petrak ; Faculty of law, University of Zagreb, Zagreb, Croatia

Abstract

The paper analyses the doctrine of error in substantia in Roman contract law. This type of mistake first appeared in the classical period of Roman law and was acceptable only in the sphere of purchase contracts (emptio-venditio). The doctrine was more precisely defined by Ulpian in his work Libri ad Sabinum. According to research, in
Roman contract law error in substantia referred to an error pertaining to the material composition of the object of purchase. This type of error occurred in situations where the contracting parties failed to unequivocally identify the material composition of the object
of purchase by their agreement (consensus). Error in substantia could only be applied in classical Roman law in cases of objects of purchase which could be made of different materials. If this type of error occurred, it was considered that an object was sold in place
of another (aliud pro alio venisse videtur), making the contract void. In these situations, error in substantia was thus equal to error in corpore, i.e. an error pertaining to the object of purchase itself. On the other hand, error in substantia must by no means be mistaken for error in qualitate, i.e. error pertaining to the qualities of the object, which had no effect on the validity of contract. In shaping the doctrine and distinguishing between these two types of errors, Ulpian applied philosophical criteria from the ancient teachings on categories, differentiating between essential (substantia) and non-essential (qualitas) aspects of the object of purchase. From a legal and political point of view, the institute of error in substantia was introduced in Roman contract law primarily due to flawed legal protection of the buyer from the responsibility of the seller relating to material flaws of the
object of purchase. Error in substantia was acceptable only with severe restrictions, and only when the buyer could not be protected by any other legal means.

Keywords

error in substantia; Greek philosophy; Roman law

Hrčak ID:

75507

URI

https://hrcak.srce.hr/75507

Publication date:

20.12.2011.

Article data in other languages: croatian german

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