The Origins of Consensual Sale: A Hypothesis

Tijdschrift voor Rechtsgeschiedenis [Legal History Review], Vol. 32, No. 2 (1964), pp. 245-254


The invention of the consensual contracts, of which 'emptio venditio' is perhaps the earliest, was such a great advance in legal thinking that scholars tend to pay little attention to the defects in these institutions. But the defects in early consensual sale are substantial and probably significant. An examination and attempt at explanation of these defects may well result in giving us a better picture of how consensual sale originated.