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THE ROMAN LAW OF SALE

WITH MODERN ILLUSTRATIONS.

DIĠEST XVIII. 1 AND XIX. 1.

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THE

ROMAN LAW OF SALE

WITH MODERN ILLUSTRATIONS.

DIGEST XVIII. 1 AND XIX. 1 TRANSLATED

WITH NOTES AND REFERENCES TO CASES

AND THE

Sale of Goods Bill.

BY

JAMES MACKINTOSH, B.A., ADVOCATE,

LATE SCHOLAR OF EXETER COLLEGE, OXFORD.

EDINBURGH:
T. & T. CLARK, LAW PUBLISHERS.

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PREFACE.

THE civil law has been so dominant a factor in the develop

ment of the common law of Scotland that, apart from its intrinsic merits, it must always remain an essential part of a liberal professional training in Scots law. Although its influence upon the law of England has been neither so direct nor so considerable, there are signs there also of a growing practical interest in its study, if one may judge from the frequency with which it is referred to in the recent volumes of the Law Reports, and from the higher standard of attainments now enforced at the Universities and by many legal bodies. In many cases candidates for legal examinations are now very properly required, in addition to showing a general knowledge of the traditional and somewhat tedious text-book, the Institutes of Justinian, to profess some special subject as treated in the Digest, and are thus introduced to an acquaintance with the most interesting and characteristic monument of the Roman genius for law.

The principles of the law of sale, as stated in the Titles De Contrahenda Emptione and De Actionibus Empti Venditi, seemed to me well adapted to serve as a specimen of the remains of the great jurists of the Classical period. Unfortunately the compilers of the Digest, in the hasty execution of their task, threw together the materials that lay to their hands without sufficient regard to subject or to orderly arrangement; there is, therefore, a want of logical sequence in the discussion of topics, and a constant necessity for cross-reference to other titles in the Corpus

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