Compraventa de esclavos hermafroditas o con trastornos en los órganos reproductoresregulación en derecho romano

Abstract

In this work we will deal with the legal repercussions of the sale of hermaphrodite slaves or with diseases in the reproductive system. The consequences of these sales are examined in accordance with the provisions of the edilicio edilicio. Some considerations on the origin and treatment of diseases in antiquity will help us to deepen the definition of disease handled by Roman jurists, and it is that a precise concept of disease requires differentiating morbus and vitium from a medical and legal point of view. Next, we will examine whether the anomalies related to the sexual and reproductive function of the servi legitimize the buyer for the exercise of actio redhibitoria or actio aestimatoria. Finally, and although D.21,1 does not deal with servus hermaproditus, we hypothesized whether the consequences of urogenital (slave) and obstetric gynecological (slave) disorders can be applied to hermaphrodites.