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Scientia and ignorantia of the contractual parties referring the legal defects of the
subject-matter (res) occur as the aspects of buyer's contractual rights and liabilities when the vendor is not the
owner. As the consequence of Roman pattern of emptio venditio
(vendor was bound to give vacua possessio and to defend his transferee against an assertion of title by
another) the sale of property belonging to a third person scheduled the position of emptor on the level of legal force of the
contract, observing possessory effects and disturbance of the enjoyment of the whole or part of the thing and denoting the acquisition of
fruits. Covering the binding effects of the agreement ref. res furtiva and res
emptoris, the related concept of conditional (suspensive /resolutive)
contract, followed by the problem "uterque nostrum eandem rem emit a non domino" and the consequences of
dolus, The Author delineates the essentials of the contract approaching them particularly from the emptor's subjective perception of granted requirements of
subject-matter.
Key words: Roman private law, sale, purchaser, eviction, transfer from
non-owner.
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