Tanka je linija što spaja i razdvaja: o nadmudrivanju i prevari u rimskoj klasičnoj prodaji

Abstract

Th e Roman classical sale is one of the most striking expressions of the Roman legal genius. However, to a large extent, this institute is overshadowed by the infl uence and contribution of foreign ancient (primarily Greek) law, the existence of analogous responsibility of the buyer and seller, diff erent modalities and, fi nally, the specifi c defi nition of the essential elements of the contract, object and price. Th is was particularly evident in the slave and livestock markets, where contracting parties met in order to outsmart each other and achieve the best possible deal by subjectively determining the limit of success. What is a good deal for the seller, for the buyer can be a basis for a lawsuit that was not easy to come by quickly. Where does bona fi des end, where does circumsriptio, and where does dolus begin, what is the role of the contracting parties and what is their liability? Did Roman jurisprudents contribute to solving this problem and to what extent? In this paper, we tried to answer these questions because there is a thin line that connects and separates trickery from fraud.