%0 Journal Article
%T La compraventa a un imp¨²ber sin autorizaci¨®n del tutor: Un estado de la cuesti¨®n en torno a D. 41,4,2,15
%A Carvajal
%A Patricio-Ignacio
%J Revista de estudios hist¨®rico-jur¨ªdicos
%D 2011
%I Ediciones Universitarias de Valpara¨ªso
%R 10.4067/S0716-54552011000100004
%X the fragment kept in d. 41,4,2,15 offers a case that can be easily understood. the buyer, by virtue of a purchase and sale agreement entered into with an underage, can buy the thing based on usucapio as long as s/he thought that the salesperson was underage. however, the justification paulo offers: "plus est in re quam in existimatione", opposes to the common solution that links the case with the good faith-belief of the buyer. therefore, the solution turns out to be unrelated to its motivation. from the commentary, we explain the case as a non domino purchase and sale. cujacius and others thought that the original text might have stated: "plus est in existimationequam in re", or other similar statements. in the 17th century, jos¨¦ fern¨¢ndez de retes submitted an objective reading of the text, which separates the problem presented by the dictum of the text from the buyer's belief. the text was considered to be corrupt in the 20th century.
%K purchase and sale
%K good faith
%K title
%K pro emptore cause
%K presumptive title.
%U http://www.scielo.cl/scielo.php?script=sci_abstract&pid=S0716-54552011000100004&lng=en&nrm=iso&tlng=en