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Literal contracts in Roman law information


Literal contracts (contractus litteris) formed part of the Roman law of contracts. Of uncertain origin, in terms of time and any historical development, they are often seen as subsidiary in the Roman law to other forms. They had developed by at the latest 100 BC, and continued into the Late Roman Empire.

The form itself was a written entry in some form of account book, which Gaius describes as either replacing an existing obligation from another source, or transferring a debt from one person to another. At least the second form was unavailable to peregrines. It seems to have been limited to certain sums which were unconditional and which had the consent of the debtor. Its later development was shaped by changes in the oral contract, the stipulatio.

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Literal contracts in Roman law

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Literal contracts (contractus litteris) formed part of the Roman law of contracts. Of uncertain origin, in terms of time and any historical development...

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South African contract law

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South African contract law is "essentially a modernized version of the Roman-Dutch law of contract", and is rooted in canon and Roman laws. In the broadest...

Word Count : 36863

English contract law

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Contract: Contracts for the Benefit of Third Parties (1996) Law Com 242 Law Commission, Illegal Transactions: The Effect of Illegality on Contracts and Trusts...

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Stipulatio

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Contract law Literal contracts in Roman law G.3.106 D.45.1.62 G.3.107 G.3.108 G.106 D.2.14.1.3 D.34.5.21.pr. circa 160AD D.45.2.11.1. for example, in...

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Domicilium citandi et executandi

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Lorenz. Notes on Civil Practice Under the Roman-Dutch Law. Colombo. 1860. p 23. R H Christie. The Law of Contract in South Africa. Second Edition. Butterworths...

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Good faith

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of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with bona fides, which...

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Legal person

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they are not people in a literal sense (human beings). There are therefore two kinds of legal entities: human and non-human. In law, a human person is...

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Bruce Frier

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Tenants in Imperial Rome, The Rise of the Roman Jurists, and casebooks on the Roman law of delict, Roman family law, and the Roman law of Contracts. He is...

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Eye for an eye

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Hebrew Bible in Its Context. New York: Oxford University Press. p. 112. ISBN 978-0-19-533272-8. Lv 24:19–22. "Roman law: Delict and contract". Britannica...

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List of Latin legal terms

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References External links Brocard (law) Byzantine law Code of Hammurabi Corpus Juris Canonici International Roman Law Moot Court Law French List of Latin abbreviations...

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Statutory interpretation

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interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the...

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Sharia

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Sharia (/ʃəˈriːə/; Arabic: شَرِيعَة, romanized: sharīʿah, IPA: [ʃaˈriːʕa]) is a body of religious law that forms a part of the Islamic tradition based...

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Meeting of the minds

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practically the foundation of English law upon the subject of the formation of contracts. Unless therefore a contract constituted by correspondence is absolutely...

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Body politic

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corporation had emerged in imperial Roman law under the name universitas, and a formulation of the concept attributed to Ulpian was collected in the 6th century...

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Dhimmi

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threaten public morals. There are parallels for this in Roman and Jewish law. According to law professor H. Patrick Glenn of McGill University, "[t]oday...

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Latin Church

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and a certain indulgence by the Roman authorities. Canon law for the Latin Church is codified in the Code of Canon Law, of which there have been two codifications...

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Precedent

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with the literal meaning "to stand by things decided"). Common-law legal systems often view precedent as binding or persuasive, while civil law systems...

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Marriage

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a more or less literal basis. Laws banning "race-mixing" were enforced in certain North American jurisdictions from 1691 until 1967, in Nazi Germany (the...

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Kabushiki gaisha

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more literal translation "stock company." Japanese often abbreviate "株式会社" in a company name on signage (including the sides of their vehicles) to 株 in parentheses...

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Customary law

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norms (tacitly) from 'the literal to the symbolic. This allows for the accommodation of both as they now theoretically exist in different realms of reality...

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Virtue

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sins and the seven capital virtues opposed to each. In Islam, the Quran is believed to be the literal word of God, and the definitive description of virtue...

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Cato the Elder

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impossible, but nevertheless, it would be fair to characterize the Roman Senate as a literal "Millionaires club.") [clarification needed] The expulsion of...

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Hermeneutics

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of biblical hermeneutics: literal, moral, allegorical (spiritual), and anagogical. Encyclopædia Britannica states that literal analysis means “a biblical...

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Libertarian Christianity

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natural law) and pp. 147, 232 (re: social contract). Locke 1690. See Rothbard 1982, Chapter 19, "Property Rights and the Theory of Contracts". Porter...

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Larceny

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in his employment. This is to be contrasted to, for example, a person who has obtained actual possession of the property by fraud. Ancient Roman law (first...

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