Roman Law: Obligations and Contracts

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Questions and Answers

Which of the following scenarios exemplifies a 'real' contract?

Two parties verbally agree to form a business partnership, outlining each partner's responsibilities and profit share.
A homeowner hires a contractor to renovate their kitchen, with both parties signing a detailed contract specifying the work to be done and the payment schedule.
A person borrows money from a bank, promising to repay the amount with interest over a set period. (correct)
A customer purchases a book from a bookstore, exchanging money for the item at the point of sale.

In what way did 'verbal contracts' primarily depend on to be considered legally binding?

The presence of a written document signed by all parties involved.
The exchange of physical goods or properties as a form of collateral.
A consensus achieved through informal discussions and mutual understanding.
A formal question-and-answer exchange between the parties. (correct)

A business owner enters into an agreement with a supplier to purchase raw materials on credit. The agreement is documented in writing but lacks the formal question-and-answer exchange. Which type of contract does this most closely resemble?

Literal contract, because the agreement is documented in writing. (correct)
Verbal contract, because there appears to be an agreement between parties.
Real contract, because the agreement involves the future transfer of goods.
Consensual contract, because both parties consented to the agreement.

Which of the following transactions would be classified as a 'consensual contract'?

<p>Hiring a web developer to create a website, with the agreement based solely on a handshake. (A)</p> Signup and view all the answers

In the context of contract classifications, what distinguishes 'real contracts' from 'consensual contracts'?

<p>Real contracts involve the transfer of a physical item, whereas consensual contracts rely on mutual agreement alone. (D)</p> Signup and view all the answers

Flashcards

Obligation

A legal connection where one party is bound to do something for another.

Verbal Contracts (Stipulatio)

Oral agreements needing a question-answer format to be valid.

Literal Contracts

Contracts that required written agreements to be valid.

Real Contracts

Valid when a thing/item was delivered from one party to another.

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Consensual Contracts

Valid through agreement alone, covering sales, partnerships etc.

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Study Notes

Obligations are legal relationships where one party must perform an action, like paying money.
Contracts fall into verbal, literal, real, and consensual categories.

Types of Contracts

Verbal Contracts (Stipulatio): Needed a formal question-and-answer exchange.
Literal Contracts: Were written agreements, though uncommon.
Real Contracts: Needed an item to be delivered to be valid, for example loans.
Consensual Contracts: Required only an agreement, such as in buying/selling, partnerships, and employment.

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Description

Explore obligations as legal relationships requiring specific actions. Discover the types of contracts in early Roman law, including verbal agreements and consensual contracts. Learn how these contracts shape legal interactions and agreements.