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G. 1290sqq. Bechmann, Kauf, 1. 397. 21. 2. 8. ' 18. 2. 4. 1. 6 21. 2. 42, 43. 1 2 6 Ante, pp. 41sqq. 30. 82. 4; 31. 73. en. III] Edict of the Aediles 53 "fied defects or not. It contains rules as to the conditions · · the spec1 ich and the time within wh1ch the act10ns are ava1"1ab1e, un der w h . 1" • . d d it ends with the statement that an actwn ws, st quts a versus an c;""iS dolo malo vendidisse dicetur'. ea sWe •'" are told that the vendor m1ght · be req~1re · d to give · a £orm~I ise relative to all these matters, and that, 1f he refused, the actw pr~~bitoria could be brought against him within two months and the ret · quanta minoris within six 2• As, without the promise the actions acto .

N~se the texts, by assuming that in all the cases m which actw duplae IS here mentioned, the clause partemve was inserted. e. Pompomus, and perhaps J ulian. But it must be admitted that nothing in the form of the texts suggests this. On the whole it seems more likely that the jurists w~re not agreed, and that their disagreement has been allowed to survtve into the Digest. (v) Accessories, fruits and partus. The rule seems to be that so far as they are expressly mentioned the ordinary liability arises.

11. 4; 21. 1. 28; C. 4. 49. 14. Some texts mted to shew this shew merely that such stipulations were made-a different mat~er, 21. 2. 3~, 32.. _Some refer to the stipulation on eviction, 21. 1. 31. 20. Bechmaun, op. c•t. 1. 404, thmks 1t 1s the compilers who supersede this system. ' See however Accarias, op. cit. ~ 609 bis; Bechmann, op. c•t. 1. 407. 5 21. 1. 14. 9; 2. 14. 31. He must conceal nothing. G Noct. Att. 7. 4. 7 2. 14. 31; 21. 1. 14. 9. 8 21. 1. 48. 8. 9 Bruns at pp. 207, 8 of his edition of the Syro-Roman Law-book.

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