Periculum est emptoris and perpetuatio obligationis in purchase-sale agreement of future products

Abstract

In this article, the application of Roman Laws PERICULUM EST EMPTORIS and PERPETUATIO OBLIGATIONIS are reviewed in the specific context of a purchasesale agreement of future products coming from a plantation with the object of revising the content and classification of the already mentioned juridical business, to set up required norms for the origin of mentioned norms in above mentioned agreement, to precise its conceptual differences and to determine its narrow relation with the good faith principle. For such a purpose, a though technique which comes from an evidenced problem in a concrete case is used, which through its analysis poses possible replies bearing in mind prior conceptual study based on the revision of Roman sources and Colombian juridical ordering.