The echo and survival of Roman’s redhibitory vice in the Spanish Civil Code

Abstract

In the normative regulation of our Civil Code we can verify the echo and survival of the Roman Law. Specifically, the protection provided by reason of latent defect, reproduces, almost literally, that reproduces the one contemplated in Rome, where the notion of redhibitory vice that was originated and evolved within the aedilitian Law. That same concept was formed depending on the socioeconomic and time-space context in which the aedilitian Law developed and evolved in relation to the other sources. All of that, influenced the procedural actions offered by these magistrates, its nature and goal, as well as the responsibility of the seller. Bearing these variables in mind, as it was said, the study intends to delve the Roma casuistry to, from itself, to extract the main features of the concept of vice in our Civil Code.