Old Wine in New Bottles? A Comparative Historical Analysis of Risk Allocation in Sales Contracts before Termination

Already in ancient Roman law the question arose to whom the risk of an accidental death of a slave is to be assigned when the buyer reclaims the purchase price for this slave due to a lack in quality. In this context, the Romans developed the legal phrase "the dead is returned" - "mortuus redhibetur". However, "mortuus redhibetur" is not only a legal rule handed down in the Digest, but still today is a legal shorthand for the question of how the destruction of a defective object of sale, through no fault of the buyer's, affects the right to termination and the consequences of its exercise. The presentation will examine this question in a comparative historical way reviewing the solutions in Roman, English and German law and the respective channels of reception.

A sandwich lunch will be available from 12.30. The meeting will begin at 1pm.