REDHIBITO´RIA
REDHIBITO´RIA,
A´CTIO was
an action given by the edict of the curule aediles to a buyer against a
seller for rescinding a sale, when the thing sold turned out to be
defective, the seller not having known of the existence of the defect. If
the seller was aware of the defect, or if he had warranted the thing to be
free from defects, he was liable at civil law; but in case the defect was
unknown to both parties at the time of the sale, and there had been no
warranty, there was only a remedy under the edict of the aediles. “
Redhibere,
” says Ulpian, “is so to act that the seller shall have back
what he had, and because this is done by restoration; for that reason it
is called
redhibitio, which is as much as
to say
redditio.” The effect of the
redhibitio was to rescind the bargain and
to put both parties in the same position as if the sale had never taken
place. The time allowed for prosecuting the actio redhibitoria was
“sex menses utiles.” The buyer had an alternative remedy to
the actio redhibitoria, viz. the actio quanti minoris, for an explanation of
which see the article on the subject. (
Dig. 21,
1; Cod. 4, 58; Windscheid,
Pandekten, § 393.)
[
G.L] [
E.A.W]
