Legal Definitions - per aversionem

Per aversionem is a legal term originating from Roman and civil law that describes a type of sale where items are purchased in bulk, or property is acquired based on an overall estimate, rather than precise measurement or individual valuation of each component.

Essentially, when a sale is conducted per aversionem, the buyer agrees to take the goods or property "as is" for a single, agreed-upon price, often without a detailed inspection or exact count of every item. The buyer accepts the inherent risks and variations that might exist within the bulk purchase, rather than relying on specific quantities or individual item conditions.

• Example 1: Bulk Purchase of Miscellaneous Items

  A collector purchases the entire contents of an antique dealer's storage unit for a single, negotiated price. The unit contains a wide assortment of furniture, artwork, books, and various curiosities. The collector conducts a general visual inspection of the unit's contents but does not meticulously inventory every item, verify its authenticity, or assess its individual condition. By agreeing to this lump-sum purchase, the collector is buying the entire collection per aversionem, accepting all items as a whole without individual guarantees or precise valuation.

• Example 2: Real Estate with Undefined Contents

  A buyer acquires an old, abandoned factory property. The sale includes not only the land and the building but also all the remaining machinery, tools, and scrap materials left inside the factory. The contract specifies one price for the entire property "as is," without separate valuations for the land, building, or the various items within. The buyer is purchasing the entire estate per aversionem, meaning they accept all components—land, structure, and miscellaneous contents—for one price, without detailed individual assessments of their condition or exact quantity.

• Example 3: Business Inventory Sale

  A small bookstore owner decides to retire and sells their entire remaining inventory of books, shelving units, and display fixtures to another bookseller. The agreement is for a single, fixed price covering all these assets. While the new owner might do a general walkthrough, they do not conduct a precise, item-by-item count of every book or individually appraise each shelf. This transaction is a per aversionem sale because the buyer is acquiring the entire collection of assets for a lump sum, accepting the collective value and condition without detailed, item-specific scrutiny.