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This Concept Map, created with IHMC CmapTools, has information related to: 02 Pretuum, Who is the seller and who is the buyer? One who receives money v pays it w/ Sabiniani: don't need to distinguish between sale & barter; not important if price is in money, Who is the seller and who is the buyer? One who receives money v pays it w/ Lived before actio prae- scriptis verbis & tried to solve this by widening application of sale, Price determination by one of the parties is not valid and leads to void contract as price is not certain but Price determination by a 3rd party?, Price had to be in money which Helps distinguish between sale and barter or exchange, Labeo and Cassius: price not certain bc not yet determined v Ofilius and Proculus: sufficient if 3rd party named in contract, Has to be a real or true price which Should not be a simulated price and trying to disguise a donation (must be intention for sale), EMPTIO VENDITIO: PRETUUM 3 Verum, EMPTIO VENDITIO: PRETUUM 1 Pecunia numerate, CL (27BC-250AD): private autonomy where parties need to look after their own interests and doesn't matter if ridiculously low or high; State didn't intervene as long as parties agreed and Owners of small farms came back after war and needed money urgently and sold farms to wealthy Senators who started to buy up agricultural land, CL (27BC-250AD): private autonomy where parties need to look after their own interests and doesn't matter if ridiculously low or high; State didn't intervene as long as parties agreed and Influence of medieval church and Thomas Aquinas, doctrine of laesio enormis was developed which extended to sale of movables and also prtected buyers if price ridiculously low or high, with the test being if continuing with sale would lead to disprortionate loss, Assumed price had to be at least partially in money in Just per. and Sabiniani would have no problem with this, Who is the seller and who is the buyer? One who receives money v pays it w/ Contractus re innominati so initially barter not seen as an enforceable contract, Didn't always matter if price low or not as long as the seller had the serious intention of claiming it (as a sale) where Jurists used example of nummus unus (one coin) to illustrate a simulated price, Pecunia numerate where Price had to be in money, Price had to be in money and Assumed price had to be at least partially in money in Just per., At least be objectively ascertainable eg Buy it for as much as other person paid or for as much money as I have in money chest (must be something), Price determination by a 3rd party? where Labeo and Cassius: price not certain bc not yet determined, Verum where Has to be a real or true price, Price had to be certain or determined and At least be objectively ascertainable, Jurists used example of nummus unus (one coin) to illustrate a simulated price where Would not be a sale unless it is serious intention of the parties eg thing sold is badly damaged