Page 224 - Latent Defect or Excessive Price?Exploring Early Modern Legal Approach to Remedying Defects in Goods Exchanged for Money - Bruijn

EARLY MODERN DUTCH LAW
old, however, there were differences'.40 Judging by the words of Huber, these differences seem to have been abolished in Roman-Frisian legal doctrine and practice.
The mentioned developments in procedural law indicate a further merging of general contractual remedies and specific remedies granted in the event a defect occurred in the thing exchanged. With the room for aedilician penal particularities significantly lessened and the focus in legal procedure lying on the facts underlying the remedy and not on whether the remedy corresponds with the facts, Roman-Dutch law seems susceptible to tendencies which do away with intricate medieval distinctions.
This chapter will now proceed to explore that hypothesis in roughly the same order as the previous ones. Section 5.2 deals with the remedies based on the aedilician edict and discusses problematic issues surrounding them since medieval ius commune. Section 5.3 addresses the remedy for lesion beyond moiety as it is interpreted and applied in early modern Dutch civil law. Again all such remedies will be compared in the penultimate section (5.4), the last being a summary of all that went before (5.5).
40 Huber, Positiones, book 21, no. 10, p. 237: 'Moribus equidem hodiernis, nihil interest, ex empto, an ex Aedilium Edicto agere te dicas. Primitus tamen differentiae quaedam fuerant'.
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