Purchase Contract
Introduction
The sale (in Latin emptio venditio[1]) is a consensual, bilateral, onerous and typical contract through which one subject (seller) undertakes to transfer ownership of a good in favor of another subject (buyer) in exchange for the latter paying him a price in money. That is, it is a contract whose cause is the transfer of the property right.[2][3][4].
Characteristics
The purchase and sale contract is characterized by being:
History
In Roman law it is the agreement to exchange a thing (which will be delivered to the buyer) for an amount of money (pretium) that will be paid to the seller (venditor). In fact, the most primitive form of buying and selling consisted of bartering things and prices. A paradigmatic type of "give and take" business. This was carried out with the simple manual exchange for the purchase of res nec manicipi and took the solemn form of manicipatio for the purchase of res manicipi.<, J.A. Roman Private Law. 14 Ed. Editions University of Navarra. Pamplona, Spain.
In Greek law, for the perfection of the sale, payment of the price or the written form was required; In the purchase of future goods, the advance payment was a loan of money. This had repercussions on Roman jurisprudence, which admitted the perfection of the contract by simple consent, presenting the obligations to deliver and pay as simultaneous.
Gaius, in his work Institutas, defines the contract of sale - emtio venditio - as a consensual contract by which a person called the seller (venditor), undertakes to transmit the free and peaceful possession and useful enjoyment (habere licere) that he has over a thing (merx), to another person called the buyer (emptor), in exchange for a certain amount of money (pretium).[5].
economic function
Buying and selling turns out to be the most effective and practical means by which wealth is exchanged. The appearance of the currency brought about the birth of the purchase and sale contract, specifying with greater realism the economic value of the considerations, since the primitive conception of the values of livestock or pecuniary, gave the contracting parties an approximation of the considerations, but not with the same precision of the currency thanks to the fractional values.[6].