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

in terms of the just price.

XXVI.

However, both things are not required at the same time, namely the item and the price, but only one, that is, the restitution of the item.

XXVII.

From this it follows: 1. If the item is destroyed without the fault of the defendant, he is completely released. 2. The plaintiff should not seek both options disjunctively, but only one, that is, the item itself.

XXVIII.

And if the buyer prefers to return the item, he will also be compelled to return the fruits the profits, yields, or produce harvested from the item in the meantime. Clearly, he may offset a portion of the fruits against the interest on the price received by the seller.

XXIX.

But if he wishes to supplement the just price, in that case he will pay the true valuation that existed at the time of the contract: that is, he will pay twenty for the item which he previously bought for nine, or less. Moreover, the valuation will be made not based on the personal preference of either party, but based on the common opinion and utility of all people.