Permutation

In civil law

Exchange; barter. This contract is formed by the consent of the parties; but delivery is indispensable, for without it, it is a mere agreement.

Dig. 31. 77. 4; Code, 4. 64. 3.

Permutation differs from sale in this, that in the former a delivery of the articles sold must be made, while in the latter it is unnecessary. It agrees with the contract of sale, however, in the following particulars: That he to whom the delivery is made acquires the right or faculty of prescribing (Dig. 41. 3. 4. 17); that the contracting parties are bound to guaranty to each other the title of the things delivered (Code, 4. 64. 1); and that they are bound to take back the things delivered when they have latent defects which they have concealed (Dig. 21. 1. 63).