REGNRSG 105 Lecture Notes - Lecture 28: Rescission, Testator, Jus Commune
Document Summary
Tutorial 6: contract law and codification: error and contractual theory. According to the law reflected in justinian"s compilation, certain types of mistake exclude consensus (ulpian d. 18, 1, 9 pr. For a valid contract (of sale) we need consensus. Presumably, however, classical law did not differ much from the digest. Consideration of error started with the consensual contracts: they were based on the consent of the parties, and the actions arising from them were also to be granted ex bona fide. Error in pretio: a mistake as to the price, also a material mistake: a case relating to locatio conductio deals with this problem. Error in negotio: the parties did not agree on the nature of the transaction. It is mentioned in d. 18, 1, 9, pr. and d. 12, 1, 18, 1 provides an example. Error in persona: dissensus or mistake over the identity of the other contracting partner.
