This research examines the tension between the subjective intention of con tracting parties and its objective expression, focusing on the legal remedies designed to reconcile the mistaken party’s will with the legitimate expectations of third parties who rely on the external declaration. Special attention is given to cases of dissent (dissensus) concerning the res in contracts of sale (Ulp. D. 18.1.9 pr.; D. 18.1.9.2; D. 18.1.14), and to various forms of error related to the appearance of the merx – including error in corpore, error in materia, and error in qualitate.
Galeotti, S. (2025). ‘Error’ and contractual ‘Synállagma’ in Ulpian’s thought. In Tommaso dalla Massara (a cura di), Individual Will and the Civil Law Tradition: Rethinking Lex Privata (pp. 191-214). Oxon-New York-Torino : Routledge-Giappichelli.
‘Error’ and contractual ‘Synállagma’ in Ulpian’s thought
SARA GALEOTTI
2025-01-01
Abstract
This research examines the tension between the subjective intention of con tracting parties and its objective expression, focusing on the legal remedies designed to reconcile the mistaken party’s will with the legitimate expectations of third parties who rely on the external declaration. Special attention is given to cases of dissent (dissensus) concerning the res in contracts of sale (Ulp. D. 18.1.9 pr.; D. 18.1.9.2; D. 18.1.14), and to various forms of error related to the appearance of the merx – including error in corpore, error in materia, and error in qualitate.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
