[NERATIUS libro tertio membranarum. ] §2.14.58.prAb emptione uenditione, locatione conductione ceterisque similibus obligationibus quin integris omnibus consensu eorum, qui inter se obligati sint, recedi possit, dubium non est.
[NERATIUS in the third book of the Membranae.]\n\nThere is no doubt that from sale, lease, and other similar obligations, a withdrawal can be made by the consent of those who are bound to each other, as long as all things remain unaltered.
Aristoni hoc amplius uidebatur, si ea, quae me ex empto praestare tibi oporteret, praestitissem et cum tu mihi pretium deberes, conuenisset mihi tecum, ut rursus praestitis mihi a te in re uendita omnibus, quae ego tibi pracstitissem, pretium mihi non dares tuque mihi ea praestitisses: pretium te debere desinere, quia bonae fidei, ad quam omnia haec rediguntur, interpretatio hanc quoque conuentionem admittit.
Aristo went further and was of the opinion that, if I had performed for you what I was obliged to perform under the purchase, and while you owed me the price, it had been agreed between you and me that, upon your restoring to me in the sold property all the things that I had performed for you, you should not pay me the price, and you had indeed restored them to me, you would cease to owe the price; because the interpretation of good faith, to which all these matters are referred, admits this agreement as well.
nec quicquam interest, utrum integris omnibus, in quae obligati essemus, conueniret, ut ab eo negotio discederetur, an in integrum restitutis his, quae ego tibi praestitissem, consentiremus, ne quid tu mihi eo nomine praestares.
Nor does it make any difference whether it is agreed that the business be departed from while all things in which we were bound remain unaltered, or whether, after those things which I had performed for you have been restored to their original state, we agree that you should perform nothing to me on that account.
illud plane conuentione, quae pertinet ad resoluendum id quod actum est, perfici non potest, ut tu quod iam ego tibi praestiti contra praestare mihi cogaris: quia eo modo non tam hoc agitur ut a pristino negotio discedamus, quam ut nouae quaedam obligationes inter nos constituantur.
Obviously, it cannot be achieved by an agreement directed to undoing what has been done, that you should be compelled to perform back to me what I have already performed to you; because in that way, the object is not so much that we depart from the former transaction, as that certain new obligations are established between us.