Consensual Contracts
idea · 2 works · 3 mentions · 5 anchored passages
Consensual Contract · consensual contracts · contractus consensu
in the texts
Ancient Law
The class of Roman contracts (Mandatum, Societas, Emtio Venditio, Locatio Conductio) formed by mere consent.
and, in fact, if the technical language of the Romans had been as plastic as their legal theories, these Pacts enforced by the Prætor would have been styled new Contracts, new Consensual Contracts.
Lastly, the Consensual Contracts emerge, in which the mental attitude of the contractors is solely regarded, and external circumstances have no title to notice except as evidence of the inward undertaking.
We now reach the fourth class, or Consensual Contracts, the most interesting and important of all.
Institutes of Roman Law
The category of contracts (sale, hire, partnership, mandate) formed by mere consent without formality.
Besides the four Consensual contracts which are named in the text, certain praetorian and statutory agreements, though not denominated contracts, became enforceable by action.
Simple consent creates a contract in purchase and sale, letting and hiring, partnership, agency.
In these contracts consent is said to create the obligation, because no form of words or of writing is required, but the mere consent of the parties is sufficient.