Maxim 5.5.6
The price stands in the place of the thing sold.
Pretium succedit in locum rei.
Source: 1 Bouv. Inst. n. 939; 2 Bulst. 312; Weisman, 13h
Difficulty 2/5 — Approachable
Explanation
When goods are sold and the price paid, the seller's claim attaches to the money, not the goods — he can no longer reclaim the chattel but must pursue the price. Cite this to defeat a seller's attempt to recover goods after accepting payment, or to establish that the buyer holds full dominion once the exchange is complete.
Where this applies
- I paid for a car but the seller won't deliver it — don't I have rights now?
- I paid the full purchase price — the money I paid stands in the place of the goods.
Legal domains
See also
Cite this maxim
NeCede Max. 5.5.6 — The price stands in the place of the thing sold. — 1 Bouv. Inst. n. 939; 2 Bulst. 312; Weisman, 13h (Pretium succedit in locum rei.)
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