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.
The Consensual Contracts, it will be observed, were extremely limited in number.
We now reach the fourth class, or Consensual Contracts, the most interesting and important of all.
In the intercourse of life the commonest and most important of all the contracts are unquestionably the four styled Consensual.
Institutes of Roman Law
The category of contracts (sale, hire, partnership, mandate) formed by mere consent without formality.
But absence is no impediment to Literal contracts, though it is to Verbal.
Simple consent creates a contract in purchase and sale, letting and hiring, partnership, agency.
Further, these contracts are bilateral and bonae fidei, that is, both parties incur a reciprocal obligation to perform whatever is fair and equal;