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acciones edilicias

English translation: aedilitian remedies / remedies for breaches of implied warranty

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:acciones edilicias
English translation:aedilitian remedies / remedies for breaches of implied warranty
Entered by: Charles Davis

11:02 Dec 3, 2014
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: acciones edilicias
From an academic paper examining the principle of conformity in European and British/US common law.

This section is talking about the idea of "usefulness" which is covered in the latter system but not in the former

"La inhabilidad del objeto concede el saneamiento de las acciones edilicias pero éstas no son remedios derivados del incumplimiento contractual."

I've seen "edilicias" elsewhere meaning "improvements" but I don't see how that fits here - the defectiveness of the goods results in disencumbrance from ??? although these are not solutions derived from the breach of contract
William Pairman
Spain
Local time: 19:10
aedilitian remedies
Explanation:
A Roman Law term. It refers to two types of action: redhibitoria (rescission and restitution) and quanti minoris (acceptance and apportionment) (the latter also known as "acción estimatoria" in Spanish).

"Actio Redhibitoria
The action which the buyer of goods can bring to set aside a contract of sale and claim the return of the entire purchase price (if already paid) against the return of the article because the article sold is latently defective to such an extent that it cannot be used for the purpose for which it was sold, or because the article materially fails to satisfy a claim made by the seller in regard to its attributes."
http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article...

"Actio Quanti Minoris
The action which a buyer of goods has against a seller (while keeping the goods) for a reduction in the price paid because the article sold is latently defective or does not comply with a statement made by the seller about its qualities or capabilities."
http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article...

See
http://books.google.es/books?id=kCsWWuzyp44C&pg=PA563&lpg=PA...

"The actio redhibitoria was introduced in the early part of the second century BC. ZIMMERMANN, supra, at 311 n.113. The actio quanti minoris may have been introduced later but was no doubt available in early classical law. Id. at 318. In the course of time both actions became known as “the” aedilitian remedies and were routinely available. See id. at 325. By restitution, in this reference, we mean restoration of price. By apportionment we mean price reduction in some proportion to the value of what was received by the injured party." (p. 694, n. 7)
"The aedilitian remedies in contrast impose strict liability on the seller. Therefore, while the aedilitian remedies are available in all cases of nonconforming delivery, the problem of cumulative availability of rescission and expectation damages only arises if the seller is at fault." (p. 701, n. 28)
Brooks and Stremitzer, "Remedies On and Off Contract"
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?artic...
Selected response from:

Charles Davis
Spain
Local time: 19:10
Grading comment
Thanks everyone,I mentioned it to the client who said he was using it in the sense of "guarantee against latent defects" and wants the sentence translated as folloes:
“The defectiveness of the goods makes the seller liable according to the guarantee against latent defects, although the remedies granted by it are not a consequence of a breach of contract”

Ideally I'd like to share the points here with Adrian, thanks again to you all
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2aedilitian remedies
Charles Davis
4 -1municipal activities
Alicia Pallas
3remedies for breaches of implied warranty (of fitness & title)
Adrian MM. (X)


Discussion entries: 7





  

Answers


52 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
municipal activities


Explanation:
From the RAE dictionary:

edilicio, cia.
1. adj. Perteneciente o relativo al empleo de edil.
2. adj. Arg., Bol., Col., Par., R. Dom. y Ur. Perteneciente o relativo a las obras o actividades de carácter municipal, especialmente las relacionadas con la edificación.

I gather that it does not necessarily refer to building activities - although, as Oliver said, it is frequently used in that field.

Alicia Pallas
Spain
Local time: 19:10
Native speaker of: Native in SpanishSpanish, Native in GalicianGalician

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: This is a legal phrase, not a simple dictionary translation
18 mins
  -> you're right, Charles's answer fits the context way better.
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55 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
aedilitian remedies


Explanation:
A Roman Law term. It refers to two types of action: redhibitoria (rescission and restitution) and quanti minoris (acceptance and apportionment) (the latter also known as "acción estimatoria" in Spanish).

"Actio Redhibitoria
The action which the buyer of goods can bring to set aside a contract of sale and claim the return of the entire purchase price (if already paid) against the return of the article because the article sold is latently defective to such an extent that it cannot be used for the purpose for which it was sold, or because the article materially fails to satisfy a claim made by the seller in regard to its attributes."
http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article...

"Actio Quanti Minoris
The action which a buyer of goods has against a seller (while keeping the goods) for a reduction in the price paid because the article sold is latently defective or does not comply with a statement made by the seller about its qualities or capabilities."
http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article...

See
http://books.google.es/books?id=kCsWWuzyp44C&pg=PA563&lpg=PA...

"The actio redhibitoria was introduced in the early part of the second century BC. ZIMMERMANN, supra, at 311 n.113. The actio quanti minoris may have been introduced later but was no doubt available in early classical law. Id. at 318. In the course of time both actions became known as “the” aedilitian remedies and were routinely available. See id. at 325. By restitution, in this reference, we mean restoration of price. By apportionment we mean price reduction in some proportion to the value of what was received by the injured party." (p. 694, n. 7)
"The aedilitian remedies in contrast impose strict liability on the seller. Therefore, while the aedilitian remedies are available in all cases of nonconforming delivery, the problem of cumulative availability of rescission and expectation damages only arises if the seller is at fault." (p. 701, n. 28)
Brooks and Stremitzer, "Remedies On and Off Contract"
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?artic...


Charles Davis
Spain
Local time: 19:10
Native speaker of: English
PRO pts in category: 1379
Grading comment
Thanks everyone,I mentioned it to the client who said he was using it in the sense of "guarantee against latent defects" and wants the sentence translated as folloes:
“The defectiveness of the goods makes the seller liable according to the guarantee against latent defects, although the remedies granted by it are not a consequence of a breach of contract”

Ideally I'd like to share the points here with Adrian, thanks again to you all

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: Yes, and no point whatever in trying to cobble together a common law "equivalent" here
17 mins
  -> Well, I would rather not, I must say, since it would require a level of knowledge I don't possess. Thanks, Allegro :)
agree  Rebecca Jowers: As you say, this is a collective term for redhibitory and "quanti minoris" actions
6 hrs
  -> Many thanks, Rebecca :)
Login to enter a peer comment (or grade)

20 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
remedies for breaches of implied warranty (of fitness & title)


Explanation:
Working inductivekly back from the context, rather than deductively from the words:

"La inhabilidad del objeto concede el saneamiento de las acciones edilicias pero éstas no son remedios derivados del incumplimiento contractual."

The unfitness of the article opens up the prospect of cure (as per Charles D.) with remedies for breaches of implied warranty (of fitness for the purpose or title/authority to sell), but these are not remedies dervied from breach of contract' - namely because they are already available by implication outside of the contract.

Alas, redhibitory and "quanti minoris" actions are unknown in the UK Sale of Goods Acts.

Edilicio: if it were about council etc, buildings, it would be a 'long-stop' (e.g. 15-year) time limit for hidden structural defects.

Otherwise, it looks like a breach of implied warranty of 'delicious and edifying ice cream and that the ice cream vendor has authority to sell such product in the Roman forum'.

TT previously known as Kirsyt MacC



Example sentence(s):
  • Breach of Implied Warranty of Fitness for a Particular Purpose

    Reference: http://www.intercodex.com/libros/saneamiento-por-vicios-ocul...
Adrian MM. (X)
Local time: 19:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1292
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