34 Forms Delivery (f) Attornment – merx is physically the property of a third party and delivery is made by a change in the intention of the buyer and seller. 6 The common rights of the buyer He is entitled to the delivery of the Merx. The seller must provide the thing sold at the place agreed in the contract. If no place has been agreed, he must make it available at the place where the item is located, provided that it is specific. If the res is not specific, the seller must make it available to him at his place of work; If he does not have a head office, it is at his residence. When the object is ordered for manufacture, it must be made available at the place of manufacture, unless otherwise agreed.   6 To obtain delivery of the Merx ❒ Does not mean that the seller must deliver, but must provide it maintenance of the Merx until delivery ❒ The seller must take care of the goods until delivery. The danger passes during the sale, which is perfect, but the seller is liable for the loss or damage by negligence buyer of the eviction ❒ Seller`s guarantee against evacuation right to make merx free from hidden defects There can be at no stage of the procedure a valid sale of goods subject to such an action to the lawyer or lawyer of the seller. These agreements are called pacta de quota litis and are null and void.  4 Sale of land – signed & in writing Credit agreements – in writing & signed by the buyer and seller Sale of companies – Sell A seller is also liable for latent defects in the Merx within the meaning of adeilitian acts. The curules of Aedile were the Roman magistrates in charge of contracts and public works. They had the power to issue edicts. His most famous edict concerned the liability of a seller for hidden defects.
Ulpian said: “After taking into account the above, it is clear that the price is not expressly provided for in an agreement or if there is no clear mechanism for determining such a price; that, in all likelihood, the treaty in question may be more consensual due to a lack of security and beyond. Certain essential elements must be included in a contractual agreement in order for an agreement to be considered valid. As many know, these essential elements can be summarized as follows: capacity, supply and acceptance, safety, performance possibilities and legality. The parties to the sale must agree on the purpose of the sale.  The general requirement is that the item of sale must be 10 four elements to be proved by the buyer 1.Defect of goods in the Merx. . . .