ОТГОВОРНОСТТА НА ПРОДАВАЧА ЗА ЕВИКЦИЯ В СЛУЧАЙ НА ПОСЛЕДВАЩА ПРОДАЖБА В КЛАСИЧЕСКОТО РИМСКО ПРАВО
RESPONSIBILITY OF SELLER IN CASE OF EVICTION IN ROMAN CLASSICAL LAW

Summary/Abstract: The article is devoted to the responsibility of the seller in case of eviction, which I have been dealing with since 1979 and for which a new reflection, on aspects of which I have not yet treated, can lead to partially new results. In this study I will approach, in the context of classical Roman law, the following case: A sells a thing to B and transfers the possession to him, the latter alienates the thing to C. The most frequent case has undoubtedly been that where B (first buyer and second seller) sells that thing to C and he transfers ownership. I will focus on the case of two successive sales. I will add only a few remarks on the cases in which the alienation made by B was a donation or a datio dotis. In this case the questions that were asked of the classical jurists were: Can B have an action against A and, if so, what action is it, under what conditions can he proceed and what can he do? What can he asks? The legal relationship between A and B is decisive here. Three actions were possible, actio de auctoritate based on a mancipation, actio ex stipulatu based on stipulatio evictionis, finally actio empti based on a contract of emptio venditio. The answers to the questions I just asked were largely different for these three actions.

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