Contractele reale în dreptul roman
Real Contracts In Roman Law
Author(s): Cristinel Ioan MurzeaSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: roman law; contracts; real contracts; mutuum; fiduciary; pledge; bailment; deposit
Summary/Abstract: The real contracts are those that in order to arise require both the will of the parties - intentional element - and the material remission of the object (res) which constitutes the subject of the contract – material element. Real contracts are born in re, meaning through tradition or remitance of the object and the meeting of the two is enough for the formation of the contract without the need for written or oral solemnities[1]. For example, when submitting something to a person in order to preserve it, a deposit contract is concluded, which in addition to the consent of the depositary and the one of the person who receives the deposit, the remission of thing which is the subject of the deposit was also asked for.
Journal: Acta Universitatis George Bacovia. Juridica
- Issue Year: I/2012
- Issue No: 2
- Page Range: 106-117
- Page Count: 12
- Language: English