Early remedies
First of all, already in the ancient law we find the actio de modo agri.91 Where land was mancipated and the vendor had stated by way of a lex mancipio dicta (a formal declaration made in the course of mancipatio) that it was of a particular size, he was liable for the proportionate amount of the price if the actual acreage turned out to be less than asserted.
This liability was subject to litiscrescence,92 i.e. if the vendor (defendant) disputed the claim and had to be sued, he was condemned to pay double the amount involved (infitiando lis crescit in duplum).93 The actio de modo agri survived in classical law, albeit under new auspices,94 but fell away together with mancipatio in Justinian's time,[1581] Could the purchaser also make the vendor liable for dicta in mancipio, which did not relate to the size of land but to other characteristics, qualities or freedom from defects of res mancipi at large?[1582] We do not know, for we have only a statement by Cicero[1583] which may be read to imply that the phrase "uti lingua nuncupasset ita ius esto" in tab. 6, 1 of the XII Tables was applied to vitia in general. However, Cicero was no lawyer and his statements do at times display a certain lack of technical precision.3.
More on the topic Early remedies:
- Praetorian remedies
- Other forms of praetorian remedies
- Remedies
- The remedies
- The aedilitian remedies
- Actio empti and aedilitian remedies in the ins commune
- THE PRAETOR AND THE CONTROL OF REMEDIES
- Remedies of the Legatee
- The nature of the remedies available
- Remedies of the Heir
- Other remedies available in case of theft
- ENRICHMENT REMEDIES IN MODERN LAW
- 1. The remedies for dolus and metus compared
- The actio legis Aquiliae and analogous remedies