QUANTI MINO´RIS
QUANTI MINO´RIS or
AESTIMATO´RIA
A´CTIO. A seller of a thing was not liable to the
buyer by the rules of Jus Civile for any faults or defects in the thing
sold, unless he was aware of such defects and did not disclose them, or
unless he had warranted their absence. But the curule aediles, who had
jurisdiction over the market, promised in their edict to give actions to
buyers against sellers on account of any non-apparent faults or defects,
even if the seller was not aware of them.
The actions which the aediles framed for the purpose of thus extending the
liabilities of sellers were the actio redhibitoria [REDHIBITORIA ACTIO] and the actio quanti minoris. The object of
this latter action was to obtain an abatement in the purchase-money
proportionate to the decrease in the value of the thing at the time of the
sale, owing to its defects. This action was to be brought within a year
(
annus utilis). [EMPTIO ET VENDITIO.]
（
Cic. de Off. 3.1. 6, 17;
Dig. 21,
1,
de aedilicio edicto et redhibitoria et quanti
minoris; Cod. 4, 58,
de aediliciis
actionibus; Neustetel,
Röm. Rechtliche,
Untersuchungen, 155, &c.; Keller, in Gell's
Jahrb. 3.86, &c.; Walter,
Gesch. des
röm. Rechts, § 602; Windscheid,
Pandekten, 3.393.)
[
E.A.W]
