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This Concept Map, created with IHMC CmapTools, has information related to: 01 Merx, Limited genus sale possible where merx not precisely defined, but localised by, for eg, referring to place which was Sufficiently specific for a valid contract of sale, but not yet perfecta, EMPTIO VENDITIO (SALE) where Merx, Liber homo: could not validly sell a free person ie son or daughter of a nobleman/patrician) but Could sell an incorporeal thing like an inheritance or a praedial servitude, Sufficiently specific for a valid contract of sale, but not yet perfecta eg Contract for 10 bottles of olive oil from B's store is valid, but only perfecta when poimt out specific bottles, 1) Res in commercio: something that could be owned by private individuals so If res extra commercium, contract void, Merx must be 4) Merx cannot belong to the purchaser, Undertaking is not to deliver ownership and There must be a thing (merx) and a price in money that has been agreed upon, Cannot be res sua (own thing) or res emptoris (buyer's thing) but Can buy an interest in own property eg inherit interest in your farm that is subject to usufruct and can buy usufruct to free property from it, 4) Merx cannot belong to the purchaser so Cannot be res sua (own thing) or res emptoris (buyer's thing), Alternative sale valid where buy either one of two cows, but only perfecta once seller makes the choice where Can be for more than two choices, Must be intention to buy and sell: animus emendi et vendendi and, if intend lease, cannot be a sale and First was barter (factual), but money introduced and then cash or ready money sale, which was primitive (no obligation, no credit and no remedy) and then price payment rule (security, pmt/credit), If seller evicted, liable for damages with actio empti and If buyer unaware, can claim back purchase price with condictio indebiti and, if aware, seen as donatio, Could sell an incorporeal thing like an inheritance or a praedial servitude and Has to be a thing and not a service like manufacture of ring: locatio conductio operis, If buyer suffered damages, he could institute actio doli against fraudulent seller and If res mancipi through mancipatio or in iure cessio (both abstract), no longer owner so not rei vindicatio, but conditio ob rem datum, Contract for 10 bottles of olive oil from B's store is valid, but only perfecta when poimt out specific bottles and Alternative sale valid where buy either one of two cows, but only perfecta once seller makes the choice, Agreement whereby seller undetakes to deliver undisturbed possession of thing agreed upon to the buyer who undertakes to pay agreed price in money but Undertaking is not to deliver ownership, Merx must be 2) Exists at the time of conclusion of the contract (possibility of performance), Sale of things extra commercio (eg res religiosae) where easy to assume people should know not to sell temple but Included things used in temple and difficult as buyer to know if used in temple or not (eg silver plate or goblet), If res nec mancipi, then assume traditio causal and underlying reason is relevant so seller still owner (void contract of sale) and has rei vindicatio v Sale of things extra commercio (eg res religiosae) where easy to assume people should know not to sell temple, Could not sell legacy of a living person and If you buy something that was already destroyed at time of conclusion of contract, then contract void and enrichment claim