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55 Cards in this Set
- Front
- Back
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Sources of obligation with gaius |
Contract Delict Variae Causarum Figurae |
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Sources of obligation with Justinian |
Contracts Delicts Quasi contract Quasi delicts |
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Definition + elements of obligations |
A legal tie, enforcable by law. Solved with the solutio. Debt Liability (culpa) |
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Types of obligations |
- civiles/ naturales -iure cuvili/ ius honorarium - stricti iurus/ bona fidei |
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Types of contacts |
Real contracts Verbal Literal Consensual |
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Essential requirement for a contract |
Agreement |
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Unilateral Vs bilateral contracts |
Parties |
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Cases of lack of agreement |
Error (misunderstanding) Metus (threat) Dolus (fraud) |
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Types of error |
In negotio In corpore In personam In substantia |
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Error in negotio |
About the type of transaction |
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Error in corpore |
About the identity of the thing |
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Error in persona |
About the identity of the other party |
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Error in substatia |
About the quality of the thing |
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Metus +types |
Even if a party was threatened the contract could still be concluded, and there was no protection. - stricti iuris contracts: magistrates granted remedies to protect the victim. in integrem restitutio actio Metus (punishment) - bona fidei contracts: the judge could neutralize th effects of the contract |
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Dolus |
Use of trickery Stricti iuris - bona fidei |
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Causa |
Socio economic function of a contract. Not every agreement was a contract, only the ones actionable at law. For enforcing an agreement a causa was needed. In literal and verbal contracts the causa is the form. Real contracts: the delivery of the thing. Consensual: economic choices. |
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Capacity |
Puberty age, required |
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Performance |
There are some necessary characteristics of the performance object: Legality Morality Possibility |
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Consensual contracts |
There's no kind of formality needed, just consent. They are bilateral and bona fidei contracts. The origins are uncertain. They have a commercial character and can be used by peregrines too. |
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Types of consensual contracts |
Sale Letting and hiring Mandate Partnership (societas) |
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Sale |
Consensual contract. Simple agreement thing-price. Price had to be a certain sum of money. Not everything could be sold (...). Duties of the buyer: paying, accept the delivery, reimburse(...). Duties of the seller: care of property before delivering, guarantee against eviction ad latent defect. The buyer did not receive ownership. |
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Pacta edicta |
In sale, informal agreements added by decision of the parties. Lex commissaria right to withdraw if not paid in time Indiem addictio right to accept a better offer, refusing the first. Pactum disciplicentae buyer's right to reject reject the object if unsatisfied |
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Letting and hiring |
Hire: a bilateral contract in which the locator gives his services to the conductor. Both parties were subject to the bonus paterfamilias standard of care. |
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Types of hire |
Locatio rei Locatio operatum Locatio operis |
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Locatio rei |
Use+enjoyment of a thing. |
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Locatio operatum |
The locator gave his services to the conductor |
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Locatio operis |
The locator gave a thing to work on. The locator had to pay the conductor for the work. |
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Mandate |
A promissor performed a service for free |
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Partnership or societas |
An agreement to associate in a common venture (physically possible, lawful and moral) Intention, affectio societatis |
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Verbal contracts |
(Question-answer) Dotis dictio Promussio iurata liberti Stipulatio |
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Dotis dictio |
Declaration of a dowry. Use of certa verba |
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Promussio iurata liberti |
Oath of the liberties, after the manumissio, to render services for patron |
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Stipulato |
A formal promise (answer form). Stipulator: person who asked to the promissor. Developed put of the sponsio, a formal guarantee to pay a debt but only for citizens. Stipulatio was for peregrines too. |
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Requirements of stipulatio |
Unitas actus Same verb Clear intentions Cautio (a document of evidence of presence) |
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Remedies of stipulatio |
Actio ex stipulatio certi if made for money or a specific thing Actio ex stipulatio incerti if made for a performance |
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Real contracts |
Simple agreement + delivery of the thing |
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Types of real contracts |
Mutuum Commodatuum Deposutuum Pignus |
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Mutuum |
Unilateral. Stricti iuris. A gratuitous loan of fungible things. From nexum. Duties: borrower, restore the equivalent Lander had no duties Conditio: used to enforce actions. No consequences for lost or stolen object. |
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Commodatuum |
Imperfectly bilateral. Bona fidei. A gratuitous loan of corporal things, movables or not (to be returned). NO ACQUISITION OF OWNERSHIP, ONLY DETENTION. Duties... Actio commodati directa (lender) " " indirecta (borrower) |
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Depositum |
Imperfectly bilateral. Bona fidei. A movable thing was given to a depositee for safekeeping. Gratuitous, or Locatio operis. No ownership, detention. Duties. Liability for dolus. No use. Eventual reimbursement. Actio depositi directa (depositor) " " indirecta (depositee) |
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Special deposits |
DEPOSITUM IRREGULARE transfer of funginl things with transfer of ownership -> duty to restore the equivalent SEQUETRATIO deposit of property in case of dispute about ownership. Trial, given to the winner |
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Pignus (pledge) |
Imperfectly bilateral. Transfer of property as a security. The lender received LEGAL POSSESSION OF THE PROPERTY. Borrower: liable for damage. Actiones |
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Literal contracts |
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Innominate contracts types |
Transactio Aestimatum Permutatio Praecarium |
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Innominate contracts |
Unilateral agreements. Protected by specific remedies of the praetor. Giving restitution of the first performance. |
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Distictions innominate contracts |
DO UT ES= I give for you to give DO UT FACIAS= I give for you to do FACIO UT DES= I do for you to give FACIO UT FACIAS= I do for you to do |
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Transactio |
A compromise of legal action, abandoning a claim in return of benefits through stipulatio (verbal agreement) |
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Aestimatum |
Conditional sale. The owner entrusts an object to a transferee on a sale or return basis. |
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Permutatio |
Exchange if things |
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Praecarium |
A gratuitous grant of the enjoyment of land or movables. Different than Commodatuum bc here there's no time limit. |
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Pacts |
Or known as naked agreements because of the lack of elements to enforce them. Protected not by a tines but praetor Ian exceptiones |
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Quasi contracts |
There's no need for an agreement to establish obligation. |
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Types of quasi contracts |
Negotorum gestio Solutio inedebiti Common ownership Tutela impuberum |
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Negotiorum gestio |
The conducting of another person's affairs without authorization. Gestor: the performer. Liable for negligence. ACTIO NEGOTIARUM GERSTORUM CONTRARIA Geritus: had to accept the performance + reimburse eventual expenses. ACTIO NEGOTIARUM GERSTORUM INDIRECTA |
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Solutio inedebiti |
For when a person mistakenly paid money and the receiver believes the transfer is owed. Duties: accipiens: return the money Tradens: power to enforce the duty of the accipiens through CONDITIO INDEBITI |
