LOS FRUTOS DE LAS COSAS VENDIDAS. (NOTAS).

Abstract

It is not easy to know what reasons led lawmakers to introduce the rule appearing in the second paragraph of article 1,468 of the Spanish Civil Code, which gives the buyer the fruits of the purchased thing as of the moment when the contract of sale is concluded. Some sectors of doctrine have claimed that the rule is connected with the type of purchase that such codes were meant to delineate and, more especially, the transferential nature of purchases under the French Civil Code and all civil codes cast in its mould. The author of this article sustains that the rule in the second paragraph of article 1,468 is of Roman origin, is in perfect concordance with purchases under Roman law and is at base a form of buyer's compensation for risks assigned, under the rule of periculum est emptori.