Emptio spei is the denomination in Latin of one contractual figure coming from Straight Roman, whose literal translation would be " transaction of esperanza".

The term is used in Straight to designate a contract by means of which a person (buying) pays a price to another one (salesman) in exchange for a thing that perhaps takes place in the future and perhaps no, assuming the risk of paying the price although the thing does not get to take place.

Characteristics

Random, onerous, bilateral, atypical and consensual contract, whose object does not have a present existence, but future. In addition, the buying one pays the price at the time of the constitution of the contract, whereas the salesman only has to transfer the property of the thing in case he gets to exist.

Thus, the buyer assumes the risks of which the thing does not get to have existence, having to pay the price it gets or not to exist the thing.

Difference with the transaction of future acquired good

In the case of a transaction of future acquired good, it does not exist the risk for the buyer of which or finally one does not take place and would not be transaction by object absence. In emptio spei, the object of the contract would not be properly the future thing, but it would be the hope to acquire such thing supposing that it got to exist.

Certain doctrinal sector in Spain, following the theory of the professor Of I castrate, classifies east contractual type within the calls precontracts .

It is also seen

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