Modern Business with Ancient Tools or Warranty against Eviction in Roman Law and Its Inheritance in the French, German and Italian Civil Codes
Modern Business with Ancient Tools or Warranty against Eviction in Roman Law and Its Inheritance in the French, German and Italian Civil Codes

Author(s): Sorin - Alexandru Vernea
Subject(s): Business Economy / Management, Law on Economics, Socio-Economic Research, Sociology of Law, Roman law
Published by: ADJURIS – International Academic Publisher
Keywords: eviction; warranty; Roman law; comparative law; actio auctoritatis; actio empty;
Summary/Abstract: Modern Civil codes are mostly based on Private Roman Law, and this relation can be seen especially in the regulation of contracts and torts. The aim of this paper is to highlight the essential elements of the vendor’s warranty against eviction by reference to the main sources of Roman Law, in order to search for its influence on contemporary civil law, in France, Germany and Italy. The analyze undertaken will use the comparative method, with direct reference to the Roman institutions that influenced contemporary legislation. This study is part of the author’s recurring interest regarding the warranty against eviction, and its main focus is on the definition of eviction alongside the object of the warranty. As a conclusion, the author identifies a slightly different approach concerning the concept of eviction, that explains the similar treatment both for the warranty against eviction and defects, found in current legislations.

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