Legal Definitions - de aestimato

de aestimato refers to a legal action originating in ancient Roman law. It allowed an owner of goods to seek recourse against another person who had received those goods under a specific agreement. This agreement, known as an aestimatum, stipulated that the recipient had a set period to either sell the goods for an agreed-upon price and pay the owner, or return the goods if a sale wasn't made. If the recipient failed to do either within the specified time, the owner could initiate a de aestimato action to recover their goods or the agreed payment. This type of arrangement was common for facilitating sales where the seller didn't want to purchase the goods outright but wanted the opportunity to profit from their sale. This action was also known as actio aestimatoria.

Here are some examples illustrating how this concept would apply:

• Art Consignment: A sculptor provides several unique pieces of art to a local gallery. They agree that the gallery has three months to sell the sculptures at a minimum price set by the artist. If sold, the gallery keeps a commission and pays the artist the agreed amount. If not sold, the gallery must return all unsold sculptures to the artist.

  This illustrates de aestimato because the artist (owner) entrusts goods (sculptures) to the gallery (recipient). The gallery has a defined timeframe (three months) and two options: sell and pay the artist, or return the items. If the gallery fails to do either, the artist would have grounds for a de aestimato action to compel the gallery to fulfill its obligation.

• Specialized Collectibles Dealer: A coin collector provides a rare ancient coin to a specialized numismatic dealer. They agree that the dealer will attempt to sell the coin to their network of high-end clients within six weeks for at least $10,000. If successful, the dealer pays the collector $10,000. If not, the coin must be returned to the collector.

  Here, the coin collector is the owner, and the numismatic dealer is the recipient. The coin is the good, and there's a clear timeframe (six weeks) and two potential outcomes: sell for a minimum price and pay the owner, or return the coin. Should the dealer fail to meet these terms, the collector could pursue a de aestimato action to recover the coin or the agreed payment.

• Boutique Clothing Store: A small independent fashion designer provides a limited collection of unique dresses to a new boutique store. The agreement specifies that the boutique has two months to sell the dresses. For each dress sold, the boutique pays the designer a pre-agreed wholesale price. Any unsold dresses must be returned to the designer at the end of the two months.

  This scenario fits de aestimato as the designer is the owner of the goods (dresses), and the boutique is the recipient. The boutique has a defined period (two months) to either sell the dresses and pay the designer the agreed price or return the unsold items. If the boutique fails to fulfill either obligation, the designer could initiate a de aestimato action to enforce the terms of the agreement.