Page 444 - Latent Defect or Excessive Price?Exploring Early Modern Legal Approach to Remedying Defects in Goods Exchanged for Money - Bruijn

SUMMARY AND CONCLUDING REMARKS
period it had to be brought, how it would determine A's liability, and what its relation was
with the remedies for non-performance and lesion beyond moiety.
Inversely, other codes incorporated both ius commune- and natural law remedies. In
these, B's legal options became inextricably bound up. In accordance with whether the
thing exchanged was a movable or immovable, the thing suffered from an encumbrance or
a defect, whether A had acted in good or bad faith, B had to reckon with different
remedies subject to their own specific rules. In particular, differences in limitation caused
that B's legal position was unclear.
Twentieth and twenty-first century revisions aimed to tackle these difficulties, but
with only modest results. Yet, it seems that on European level legal scholars and
practitioners prove more eager to avoid the difficulties which legal history demonstrated to
be lying in ambush in the event someone carried out the simple act of exchanging money
for things.
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