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Lex commissoria
(213 words)

[German version]

A Roman forfeiture or cancellation agreement, it was usually a unilateral (hence: lex ) clause inserted in conditions of sale (see emptio venditio D), or a pledge ( fiducia , pignus ). Upon purchase the clause granted the vendor a right of rescission if the purchaser did not pay the purchase price - for instance, in the event of an agreement for payment in instalments or a date of payment. If the vendor exercised the right of rescission, he could request the return of the sold property by means of the actio venditi (according to the Sabinians) or by means of an actio in factum (acco…

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Schiemann, Gottfried (Tübingen), “Lex commissoria”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 04 August 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e703170>
First published online: 2006
First print edition: 9789004122598, 20110510



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