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Additional info for The Roman Law of Slavery: The Condition of the Slave in Private Law from Augustus to Justinian
Sample text
1 (C. 4. 58. 5); C. 4. 58. ~; C. 4. 49. 14. 17 1" lb>d. Post, Ch. xn. lB 21. 1. 17. 14. 1 8 56 Noxa non solutus. Express warranties [PT. I Arrius Menander, speaking of military discipline, says that to be an erro is a levius delictum, while to be a fugitivus is a gravius 1• But there is something misleading in this: the attitude of mind is different'. Ill. Noxa non solutus•. e. not any delict that the man has ever committed, but only those as to which the liability is still outstanding•. As we have seen, the word noxa refers to private delicts sounding in damages, not to criminal offences•.
17. • Ante, p. 47; 21. 1. 17. 18. While the Edict says only noxa, express agreements usually saidfurtis noxisque. See the mancipations recorded in Bruns and Girard, locc. citt. There is indeed some evidence for it in the Edict, 21. 1. 46. Post, p. 98. 6 21. 1. 1. 1. 7 21. 1. 18. pr. 8 21. 1. 19. 2. 9 21. 1. 19. , 3. If intended to deceive they might give a. doli. 10 21. 1. IS. pr .. where there are other illustrations. So also coeus does not mean a first class cook (h. l. 1). The statement that he has a peculium is satisfied however small the peculium may be (h.
En from the buyer', but not the cost of maintenance, since he had ~ man's services in return for that•. But all this last group of claims \ e vendor can evade by refusing the slave and leaving him with the ~ue•er by a sort of noxal surrender•, being then liable only for the price n~ those things which are reckoned with it. If however he knew of :he defect at the time of sale he is in any case liable in solidum•. The Aediles require the buyer to do his part first•: the render being made in iudicio and under the supervision of the iudex, who will issue no condemnation till it is done 6 • But since it might happen that the vendor could not fulfil his part, and the buyer would be left with a useless actio iudicati, the iudex might authorise the buyer to give security for his part of the render without actually paying it 7• The general effect of the actio redhibitoria.