The setting of “pretium” in “emptio venditio”: exegesis of the roman sources and comparison with the contemporary Private law

Abstract

The parameters for the valid setting of
the pretium of emptio venditio had great relevance
in Roman Law. There have been debates about issues that are still important nowadays, such as how
certain the price should be at the time of contract
of sale and if it should be deemed possible or not to
assign a third -party or even one of the parties to set
the price of the contract. This paper holds that some
of the central aspects of the Roman discipline of
the setting of pretium in emptio venditio were not
only incorporated to contemporary legal orders, but
also elevated to the status of norms applicable to
agreements in general, while some other elements
have been gradually modified and even overcome. Although it is not possible to apply today, in
an unchanged manner, the lessons of the Roman