Rozważania o exceptio mercis non traditae oraz praedictio ne aliter emptori res traderetur quam si pretium solverit przy auctio argentaria (na marginesie G. 4,126a)

Abstract

The banking activity played important role in ancient Romę between 3rd century B.C and 3rd century A.C. The bankers mediated in selling goods (both public and private) on organized auctions (auctiones). The banker (argentarius or coactor argentarius) had to organize auction and usually got the statement (stipulatio) from buyer that he will pay the price. He could demand paying price from buyer, but buyer could oppose that by claiming at first the delivery of a thing (exceptio mercis non traditae). The institution of this exceptio was regulated by Roman law in details. It shows that the protection of buyer's rights played important role in it. The buyer was protected as a weaker part of this legał relationship. The interests of banker were also protected - especially by the institution of praedictio.