Contractus In Roman Law Essay

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In classical Roman law, in 200 AD, four classifications of contractus are recognized. The first the contractus consensu for which the only necessity is the meeting of minds. This first type is divided into four sub-categories which are all bilateral, excepted mandatum. The first form of consensual contract is the emptio-venditio. This contract concerns sales and its fundamental conditions are that there must be an accord on the thing that is sold for a price which should be in money. The second type of contractus consensu is the locatio-conditio which involves the hire. It concerns all type of transactions in which a locator places an object or a service at the disposal of a conductor. The two last categories of contractus consensu are societas and mandatum. The former involves partnership while the latter concerns services performed gratuitously at the demand of a party.
The second is the contractus re. Contractus re is divided in four types. …show more content…

Gaius is a jurist and law professor, native from the eastern part of the Roman Empire. His masterpiece is the ‘Institutes’, a book written around 160 AD to teach and explain the law. The ‘Institutes’ is divided in different parts which concern the legal status of persons, property rights and the form of legal procedure. Unfortunately, Gaius is dead but his work has an enormous influence on the Roman law. Papinian is a Roman jurist native of Syria, who is the author of 19 books of Responsa and other works such as the Quaestiones. Ulpian is a Roman jurist and is the assistant of Papinian. His principal works are Libri ad Sabinum and Libri ad edictum. The former concerns the interpretation of the civil law while the latter speaks about the praetorian edicts. Modestinus is a Roman jurist and a student of Ulpian. The last jurist is called Paul. In his works he gives his legal point of view and comments different

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