emptio bonorum (b[schwa]-nor-[schwa]m). [Latin “purchase of goods”] A type of forced assignment for the benefit of creditors, involving a public sale of an insolvent debtor’s estate whereby the purchaser succeeded to all the debtor’s property, rights, and claims, and became responsible for the debtor’s debts and liabilities to an extent fixed before the transfer.
emptio et venditio (et ven-dish-ee-oh). [Latin “purchase and sale”] A contract of sale. • The double name reflects that both the buyer and seller had duties and rights in the transaction. In Roman law, agreement on the thing to be sold and its price were essential. The buyer could enforce the contract by actio empti, and the seller could enforce by actio venditi.
— Also termed emptio venditio. See VENDITIO.
emptio rei facta a pluribus ementibus (ree-Ifak-t[schwa] ay pluur-[ schwa]-b[schwa]s i-men-t[schwa]-b[schwa]s). [Latin] Hist. A purchase made by many buyers. La. Civ. Code art. 2450. • An emptio rei facta a pluribus ementibus did not automatically create a partnership among the purchasers.
emptio rei speratae (ree-I sp[schwa]-ray-tee). [Latin “purchase of a hoped-for thing”] The purchase of a thing not yet in existence or not yet in the seller’s possession; e.g., a future crop. La. Civ. Code art. 2451. • The price of such a purchase typically depended on the actual yield and thus could fluctuate.
emptio spei (spee-I). [Latin “purchase of a hope”] An emptio rei speratae in which the price is fixed, regardless of actual gain. • Even if the future event, such as the casting of a net, produced nothing, the buyer had to pay.
emptio venditio. See emptio et venditio.
