Page 105 - Latent Defect or Excessive Price?Exploring Early Modern Legal Approach to Remedying Defects in Goods Exchanged for Money - Bruijn
P. 105

EARLY MODERN CASTILIAN LAW
would play a significant role in the deliberations of the drafters of the 18th and 19th century civil codes. Some build a new framework around the remedies for defects in things exchanged for money based on and in accordance with general rules of error.132 The Roman law view which considered the aedilician remedies as particular remedies introduced on top of the already existing remedies which could be brought with the action on the sales contract gives way to a view in which particular breaches of contract are replaced by a general concept of liability in sales.
 132 See 7.2.4 (ALR).
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