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The Roman Law of Obligations$
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Peter Birks and Eric Descheemaeker

Print publication date: 2014

Print ISBN-13: 9780198719274

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780198719274.001.0001

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Contracts Consensu

Contracts Consensu

Chapter:
(p.65) 5 Contracts Consensu
Source:
The Roman Law of Obligations
Author(s):

Peter Birks

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198719274.003.0005

This chapter examines the category of ‘consensual’ contracts (i.e. contracts concluded by agreement alone) and the four individual contracts within it: sale, hire, partnership and mandate. Particular attention is paid to emptio-venditio, in particular questions relating to risk and the passing of ownership.

Keywords:   consensual contracts, emptio-venditio, sale, locatio-conductio, hire, societas, partnership, mandatum, mandate

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