The Contract of Sale in the Civil Law: With References to the Laws of England, Scotland and FranceClarendon Press, 1892 - Počet stran: 271 |
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Strana x
... agreed upon ( 43 ) . Mode of expressing agreement ( 44 ) . Contracts made by correspondence ( 45 ) and through agents ( 48 ) . Arra or earnest ( 48 ) . CHAPTER VI . MISTAKE . FRAUD . DURESS : 50-65 General principles ( 50 ) . Mistake as ...
... agreed upon ( 43 ) . Mode of expressing agreement ( 44 ) . Contracts made by correspondence ( 45 ) and through agents ( 48 ) . Arra or earnest ( 48 ) . CHAPTER VI . MISTAKE . FRAUD . DURESS : 50-65 General principles ( 50 ) . Mistake as ...
Strana 2
... agreed definitely and without conditions , upon the thing to be bought and sold , and on the price to be paid . How that agreement is expressed is immaterial . It may be done by word of mouth , by messenger , by correspondence , or by ...
... agreed definitely and without conditions , upon the thing to be bought and sold , and on the price to be paid . How that agreement is expressed is immaterial . It may be done by word of mouth , by messenger , by correspondence , or by ...
Strana 18
... agreed upon , he is taken to sell as the owner's agent2 . If however the vendor has in fact no rights over the pro- perty , and no authority to dispose of it , the owner can always recover it from the purchaser by actio in rem , unless ...
... agreed upon , he is taken to sell as the owner's agent2 . If however the vendor has in fact no rights over the pro- perty , and no authority to dispose of it , the owner can always recover it from the purchaser by actio in rem , unless ...
Strana 21
... agreed to buy and sell things has , unknown to both parties , ceased to exist at the at which the contract is made , the contract is void 3 . vendor must return the purchase money , if he has been paid and if he alone knew that the ...
... agreed to buy and sell things has , unknown to both parties , ceased to exist at the at which the contract is made , the contract is void 3 . vendor must return the purchase money , if he has been paid and if he alone knew that the ...
Strana 25
... hoc , ut unusquisque sibi adquirat quod sua interest : Inst . iii . 19. 19 . Arg . Dig 11. 7. 11 . tract . the mortgagor or hypothecary debtor agreed with his creditor not WHAT CAN AND CANNOT BE BOUGHT AND SOLD . 25.
... hoc , ut unusquisque sibi adquirat quod sua interest : Inst . iii . 19. 19 . Arg . Dig 11. 7. 11 . tract . the mortgagor or hypothecary debtor agreed with his creditor not WHAT CAN AND CANNOT BE BOUGHT AND SOLD . 25.
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action actionem actum agreed agreement analytique de Code autem bound buyer causa chose Civil Law Code Civil condition contract of sale Cours analytique damages debet defects delivered delivery Demante edictum eius emptionem emptorem English law enim eo nomine esset été etiam eviction ex empto ex vendito fraud fundi fundum Glück habere IAVOLENUS IDEM libro ideo Inst iugera Kaufcontract l'acheteur liable mihi minoris neque nihil nisi nomine obligation owner Pandekten parties PAULUS libro POMPONIUS posse possession potest Pothier praestare pretio pretium pupillus purchase money purchaser's qu'il quae quaesitum est quam quia quid quidem quis quod quoque recover rescind rescission rule Sabinum sell seller sive sold stipulatio sub conditione sunt supr tamen thing third person tunc Ulpian vendeur vendiderit vendidit venditio venditor venditorem vendor vendue vente
Oblíbené pasáže
Strana 136 - Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
Strana 138 - There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.
Strana 152 - Subject to the provisions of this act, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession.
Strana 152 - ... (b) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent ; and it is immaterial that a further destination for the goods may have been indicated by the buyer...
Strana 136 - ... (a) when he signifies his approval or acceptance to the seller, or does any other act adopting the transaction ; (b) if he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.
Strana 149 - ... where the property has passed to the buyer. UNPAID SELLER'S LIEN Sec. 54. When Right of Lien May Be Exercised. (1) Subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit; (b) Where the goods have been sold on credit, but the term of credit has expired; (c) Where the buyer becomes...
Strana 169 - En matière de vente de denrées et effets mobiliers, la résolution de la vente aura lieu de plein droit et sans sommation au profit du vendeur, après l'expiration du terme convenu pour le retirement.
Strana 150 - Where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer.
Strana 205 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply...
Strana 136 - The first is that, where by the agreement the vendor is to do anything to the goods for the purpose of putting them into that state in which the purchaser is to be bound to accept them, or, as it is sometimes worded, into a "deliverable" state, the performance of those things shall (in the absence of circumstances indicating a contrary intention) be taken to be a condition precedent to the vesting of the property.