res perit domino

res perit domino

see RISK.

RES PERIT DOMINO. The thing is lost to the owner. This phrase is used to express that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. For example, an article is sold; if the seller have perfected the title of the buyer so that it is his, and it be destroyed, it is the buyer's loss; but if, on the contrary, something remains to be done before the title becomes vested in the buyer, then the loss falls on the seller. See Risk.

References in periodicals archive ?
The previous Romanian Civil Code opted for the formula res perit domino when dealing with the risk in contracts transferring ownership.
This solution has been transferred, as a rule, into the modern civil law, not in the res perit domino extracontractual expression, but in the res perit debitori contractual expression.
In case when, although well determined goods are involved, the property transfer does not occur at the conclusion of the contract, but later, and the property is destroyed before the operation of the transfer, the contractual risk will be borne by the seller, both as application of the res perit domino principle, and because he is the debtor of the impossible obligation.