Der Begriff des Konsenses im römischen Kaufrecht
The Term of Consensus in the Roman Law of Sale
Author(s): David BartlitzSubject(s): Law, Constitution, Jurisprudence
Published by: STS Science Centre Ltd
Keywords: emptio venditio; Ulpian; consensus; dissensus; error; essentialia; corpus; pretium; negotium.
Summary/Abstract: Different from most of the contemporary legal orders (e.g. the German BGB) the term consensus in the context of Roman law of sale still causes a big understanding problem in today’s science of Roman law. This article focusses especially on D. 18.1.9, D. 18.1.11 and D. 18.1.14, which provide Ulpian’s statements regarding the consensus issue. Thereby, the article deals with the question whether it is possible to establish a consistent system of the usage of the term consensus and its points of reference. Finally, the important relationship between consensus and error shall be illuminated.
Journal: Journal on European History of Law
- Issue Year: 4/2013
- Issue No: 2
- Page Range: 53-59
- Page Count: 7
- Language: German
- Content File-PDF
