Also known as:emptionis · purchase · buying · emptio venditio
Written by attorneys · grounded in primary & secondary sources — see below
An act of buying. The purchase of property or goods under Roman and civil law.
Sources & Authorities· 26 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
How it applies
Common Examples
6
Bullets Purchase As Preparation
Emily Ellis drove to a sporting goods store and bought ammunition for a planned shooting. She placed the bullets in her car but never approached the intended target or loaded the weapon. Because the purchase remained mere preparation, it did not satisfy the dangerous proximity requirement for attempt.
Land Contract Triggers Conversion
Eduardo Enriquez signed a binding contract to buy a parcel from Empire Logistics. The next day a fire destroyed the building on the land. Under equitable conversion Emily Ellis still had to pay the full purchase price because risk of loss had passed to the buyer at contract formation.
Stolen Vehicle Raises Felony Grade
Emmett Egan purchased a motorcycle knowing it was stolen and resold it the same day. Because the property was a motor-propelled vehicle, the theft constituted a felony of the third degree under the grading statute.
Ethan Evans signed a letter expressing interest in leasing land from Ezra Eastman. Six months later both parties signed a second document that omitted the land description. The two signed writings together satisfied the statute of frauds as a sufficient memorandum.
Purchase Money Interest Perfected
Eastern Electric sold consumer appliances to Elysium Media on credit and retained a purchase-money security interest. The interest attached and became perfected automatically upon the sale of the consumer goods.
Partnership Buys Insurance
Edgewater Capital formed a partnership that purchased liability insurance covering each partner for acts arising from partnership status. The policy remained valid even though the partnership agreement could not limit the partners' liability to the firm.
Common questions
Frequently Asked
3
What does the Latin term emptio mean in Roman and civil law?+
Emptio refers to the act of buying or a purchase. The term appears in discussions of contracts of sale where agreement on the thing sold and its price were essential elements.
How does emptio relate to the double obligation in a sale contract?+
Emptio et venditio describes a contract of sale in which both buyer and seller had duties and rights. The buyer could enforce the contract by actio empti and the seller by actio venditi.
Does emptio include forced sales of an insolvent debtor's estate?+
Yes. Emptio bonorum describes a public sale of an insolvent debtor's property in which the purchaser succeeded to the debtor's assets and liabilities to a predetermined extent.
272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)Property
…buyers of land for industrial, commercial and residential uses in the metropolitan district of Cleveland are deterred from buying any part of this land because of the existence of the ordinance and the necessity thereby entailed of conducting burdensome and expensive litigation in order to vindicate the right to use…
TortsNegligence · The duty question, including failure to act, unforeseeable plaintiffs, and obligations to control the conduct of third partiesUBEFoundational