The ambit of the rule
Before being able to evaluate these criticisms, we first have to define more exactly the ambit of the rule. The risk passed only once the sale- was perfect, emptione perfecta. Hence: "Necessario sciendum est, quando perfecta sit emptio: tune emm sciemus, cuius periculum sit."[1453] Normally, perfection and conclusion of the sale coincided.
"[E]t si id quod venicnt apparcat quid quale quantum sit, sit et prctium, ct pure venit, perfecta cst emptio."[1454] As soon as there was agreement about the exact object of the sale and about the price, and the sale had been concluded unconditionally, the obligations came into existence; nothing remained to be done except to discharge them. Under these circumstances, emptio was perfecta. Matters were different where the sale was not pura but had been concluded subject to a suspensive condition. Here the effects ot the contract were suspended, and the mutual obligations came into existence only once the condition had been fulfilled. Only then could the sale be said to be complete (perfecta). Condicione pendente, therefore, the risk remained with the seller.[1455]'1 The same applied where generic goods from an identified source were sold.[1456] [1457] The contract was not complete until the objects of the sale had been identified, i.e. tor instance, if "ten amphorae ot wine from my cellar" had been sold, until the amphorae had been put aside for that transaction.711 There were some further instances of such a postponement of the transfer of risk because the sale was not yet complete.[1458] [1459] The most interesting one relates to an economically very important type of transaction, the sale ot wine.""4.
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