Aedilitas curulis MMDCCLXI - Edict n°61-03

EDICT n°61-03

CURULE AEDILE P. Memmius Albucius edict (n° 61-03) concerning the law applicable in the Macellum and the resolution of disputes (de lege macellaria et transactione controversiarum)

I, Publius Memmius Albucius, aedilis curulis, by the authority vested by the constitution, the laws and the Senate of Nova Roma,

In view of Lex Arminia de ratione edictis a.d. VIII Kal. Dec 2755 auc, and of aedilician Cytheris and Artoria 2760 auc edicts,

In order to allow the Equites (sellers) and the consumers who make transactions in Nova Roma Macellum to have a clear information on the law applicable to these transactions, to the relations between Novaroman law and (« macro- »)national laws, and also to have access to a quicker and more convenient resolution mode of their possible disputes,

Edict:

Article 1 – Confirmation of revokation of previous edicts

The revokation of the aedilician edicts issued in 2760 a.u.c. (2007 cc.) by both aediles in charge and concerning :

- the confirmation of the previous commercial edicts ("de praecedentibus edictis commercialibus confirmandis", a.d. XVIII Kal. Feb., Jan. 15, 2007 cc., publ. ML Jan. 22 # 48773) - the "fair trade" ("de commercio iusto"); - the judgments forbidden by arbitration ("de interdicto restitutorio per formulam arbitrariam")

is here confirmed. These regulations are replaced by the rules edicted in the following articles 2 to 8.

Article 2 – Nova Roma commercial law

By agreeing on transactions, specially sales ones, inside Nova Roma macellum, sellers and consumers accept to obey, in these transactions, to Nova Roma commercial law. This commercial law specially defines below the law applicable in a transaction made in the Macellum and the possible recourse to Nova Roma arbitration.

Article 3 – Definition of the Macellum

The Macellum includes every transaction made by a seller, authorized to sell inside Nova Roma and thus listed as Eques (plur. Equites), with an consumer, whoever he be, Nova Roma citizen or not, if this transaction is agreed in a real or internet venue owned or managed by Nova Roma.

Article 4 – Place of the transaction - proof

In case of a dispute arising about the sale between a seller and a consumer, the burden of the proof, concerning the place where the sale has been agreed, will be supported by the seller, specially if this one also makes transactions outside Nova Roma Macellum. The sale would be thus reputed to have been agreed in Nova Roma macellum, unless the contrary be demonstrated by the seller.

Article 5 – Law applicable to the transaction

Agreeing a transaction inside Nova Roma macellum has a direct relation with the law applicable to this transaction. The law applicable in sales occurring inside the Macellum is the national law of the country where seller and consumer both reside, in the case of what is then called a domestic transaction. For ex., if the seller and the consumer, both reside in the U.S. of America, the law applicable will be defined by the U.S. Uniform Commercial Code. The law applicable in sales occurring inside the Macellum between a seller and a consumer who do not reside in the same country is called "International transaction". Its applicable law is the law of the country where the consumer resides. In case of a dispute, the consumer may also claim for the application of the U.S. Uniform Commercial Code, if its regulations are more protective to her/him.

Article 6 – Use of arbitration and relation to Nova Roma

In due conformity with the laws of the residing countries of the parties involved in the transactions or with the country where both parties reside, these one may agree, at any moment and instead to submit their disputes to a judge, for an arbitration.

They organize then their arbitration as they see fit, unless they require Nova Roma arbitration. By doing this, both parties accept to obey Nova Roma arbitration award.

Article 7 – Law applicable to arbitration

Nova Roma arbitration is then made by one aedilis curulis in office at this time, according mainly to Novaroman law, mos maiorum and ancient Roman law and principles of law, and, if necessary, according any other relevant modern law, rule or principle, including lex mercatoria's ones.

The arbitrator informs the parties of the formal proceedings rules which will be applied to the arbitration.

Article 8 – Arbitration end – award

If, from the moment the aedilis curulis has accepted to act as arbitrator, the parties succeed reaching an agreement which puts an end to their dispute, they inform the aedilis and the matter is closed.

The arbitrators pronounce her/his award after having heard the parties.

In addition to the award pronounced as an arbitrator, which deals with the damages suffered by one of the party inside the transaction, the aedilis curulis may impose the condemned party a penalty which enters in her/his aedilician field of competency.

The arbitration awards are electronically delivered to every party and published in the fora and web pages managed by the aediles curules, no sooner than two weeks after the verdict.

Article 9 – Enforcement of this edict

Every novaroman public officer and her/his departement must, as far as each one is concerned, enforce the present edict, which will be published in the Tabularium Novae Romae at http://www.novaroma.org/nr/Category:Tabularium_%28Nova_Roma%29 and in the relevant Novaroman lists.

Issued in Cadomagus, civ. Viducassium, Gallia, a.d. VI Idus MMDCCLXI a.u.c. (8th January 2008 c.c.) during the consulate of M. Moravius Piscinus Horatianus and T. Iulius Sabinus.