Theses ex l. 2. Rem maioris. C. de Rescind. vendit

DISPUTATION ON LAW 2 OF THE CODE CONCERNING THE RESCISSION OF A SALE.

A decorative drop cap 'E' features a scene of two figures, one standing and one seated, representing a commercial transaction.

Thesis 1.

A sale is a contract formed by consent, by which a thing is sold to another for a certain price, in such a way that it is permitted for him to possess it.

II.

A sale is made either by writing or without writing. The latter is perfected by mere consent; the former is understood to be perfect when the document has been completed in all its parts.

III.

Neither, if it has been contracted in good faith, can be rescinded on the pretext that the thing sold is worth more or less. Indeed, in the price of buying and selling, it is naturally permitted for the contracting parties to circumvent one another.

IV.

To such an extent that, even if the seller is prepared to offer double the price, the buyer cannot be forced, not even by a rescript a written reply or decision of the Prince, to withdraw from the sale.

V.

If, however, the seller has been so injured and circumvented regarding the price...