''Emptio venditio''
''Emptio venditio'' is a contract of sale. This contract derives its force from the consent of the parties. If, however, they agree to reduce the terms of the contract to writing, then the contract is not complete until it is fully committed to writing. If earnest money (''arrha'') had been given, this was forfeited to the seller if the buyer breaches the contract, and double the value of the earnest money was forfeited by the seller if he breaches the contract. The earnest money was considered only as evidence of the contract. There must be a price fixed and certain for every sale, and this price must consist of a sum of money. A sale of a thing at a price to be fixed by a third person is valid if the person does fix a price. The price must be in money otherwise the contract is one of ''permutatio''. This was the view held by the Proculeans, the Sabinians considering it to be ''venditio''. The seller in a contract of sale had to guarantee the buyer free, undisturbed and lawful possession of the thing sold, and to secure him against latent faults. The buyer was bound to put the seller in legal possession of the purchase money. The contract of sale is completed by the consent of the parties; after this, the thing sold is at the risk of the buyer, who also obtained the advantage of any increase to the object. The actual transfer of the ''dominium'' (' ownership') in the thing, that is, the conveyance, as distinguished from the contract, was completed by the delivery of the legal possession of the thing to the buyer. A sale might be made absolutely or subject to a condition. Accessory contracts modifying the principal one were termed ''pacta'' ('pacts'). If the seller disposed of a thing that was not ''in commercio'', such as a temple or a religious place, he was liable to the buyer for any loss that the latter might have incurred by the error. A stipulator in a similar case would have had no remedy. If the price was less than half the value of the thing sold, the seller might rescind the contract unless the buyer agreed to make up the deficiency. This was termed '' laesio enormis'' (or ''laesio ultra dimidium''). If the object sold was totally unfit for the purpose intended, the buyer might bring an action for rescission – the '' actio redhibitoria''. If the object possessed some defect which diminished its value, the buyer could bring the ''actio quanti minoris'' within one year; by this he obtained a corresponding reduction in price.Confusion of contract and conveyance
Austin said: For example, by English law, the sale of a specific movable is a conveyance and transfers the right ''in rem''.''Locatio conductio''
This is a letting to hire. This contract closely resembles that of ''emptio venditio'': it was complete by the mere consent of the parties, after which the letter had an ''actio locati'' for the hire, while the hirer's remedy was the ''actio conducti''. The ''locatio conductio'' might be: *''Locatio conductio rei'': when one person let, and another hired, a thing; e.g. rental or tenancy ( leasehold). *''Locatio conductio operarum'': when one let his services, and another hired them; e.g.Rule as to the hirer's liability
The hirer was bound to take the greatest care of the thing hired, the same care as the most prudent '' pater familias'' his property. If the thing is stolen, the hirer is liable; if taken ''vi'', that is, by superior force, he is not liable.Gordon Campbell, ''A Compendium of Roman Law'', 2nd edn. (Bell Yard, Temple Bar, London: Stevens and Haynes, 1892)Termination and succession
The contract is terminated by the rent being two years in arrears in the case of land, by the misuse of the object hired, or by the death of a person from whom personal services are due. The heir succeeds to all the rights of a deceased hirer; the sale of the object, however, ended the contract, and the remedy of the hirer or his heir was only a personal action against the letter and not, as in the case of his having the '' usufruct'', a real action.''Societas''
''Societas'' is partnership. A partnership may be formed either universally, when all the goods of the contracting parties are included in the partnership, or for a particular undertaking. Partners (''socii'') share the gains and losses equally, unless there is an agreement to the contrary; such an agreement would be valid. Partnership is ended: * By the withdrawal of any one of the partners. If, however, in the case of a universal partnership, a partner withdrew for the purpose of taking anForms of partnership
* ''Societas universorum bonorum'': universal partnership in which all the property of all the partners is held in common. * ''Societas universorum quae ex quaestu veniunt'' (''societas quaestus et compendii''): only for trade purposes; trade property only was held by the partners in common. * ''Societas negotiationis alicujus'': to carry out a particular enterprise or a special business. * ''Societas vectigalis'': to farm the public revenues. * ''Societas rei unius'': where a special object is owned in common.Gordon Campbell, ''A Compendium of Roman Law'', 2nd edn. (Bell Yard, Temple Bar, London: Stevens and Haynes, 1892)Liability of the partners among themselves
A partner was bound to use the same care in dealing with the goods belonging to the partnership as he used in the management of his own affairs. The remedy between partners was the ''actio pro socio'', for all cases which did not fall within the actions, such as those ''furti'', ''vi bonorum raptorum'', etc. Partnerships were limited to gains in commerce, unless there was an agreement to the contrary. A partnership in which one partner took all the gains was styled ''leonina'', and was deemed invalid. See Poste's ''Gaius'', p 426.''Mandatum''
''Mandatum'' is gratuitous agency. By the old and strict Roman law, one person could not in theory represent another, but the contract of ''mandatum'' was an exception. The execution of a ''mandatum'' was the gratuitous performance of an act for another, the rights of both the ''mandator'' ('principal') and the ''mandatary'' ('agent') being amply protected by the praetors. A mandate might be for the benefit of the ''mandator'' only. For example: a mandate granted by A to B to buy an estate or transact business for A, or for the benefit of the ''mandatary'' and the ''mandator''. For example: A mandate from a debtor to a creditor enabling the latter to stipulate for a debt due to the former. The debtor thus gets what is due to him collected, and the creditor has two persons to whom to apply for his money. Or, for the benefit of a third party; as, for example, if A manages the affairs of B in pursuance of a mandate from C. Or, for the benefit of the ''mandatary'' and a third party: for example, if A lends money to B at interest in pursuance of a mandate from C. But, mandate made for the benefit of the ''mandatary'' only is considered merely as a piece of advice from the ''mandator'' (or ''magis consilium est quam mandatum''). A mandate '' contra bonos mores'' is not obligatory. If the terms of the mandate are exceeded, the ''mandator'' is only responsible for what is authorized by the mandate. A mandate can be revoked before it has been performed. It is extinguished by the death of the ''mandator'' or ''mandatary''; however, if the ''mandator's'' death is unknown to the ''mandatary'' he can still bring the ''actio mandati''. A mandate once accepted must be executed, unless some just cause supervenes to release the ''mandatary''. A mandate may be made conditionally, or so as to take effect from a future time. Though the services were performed gratuitously under the contract, it was open to the benefited party to present the other with an honorarium for his services.Gordon Campbell, ''A Compendium of Roman Law'', 2nd edn. (Bell Yard, Temple Bar, London: Stevens and Haynes, 1892)Quotes
* ''Re, verbis, scripto, consensu, traditione, junctura vestes sumere pacta solent''. :: Compacts are accustomed to take their clothing from the subject matter, the words, the writing, the delivery and the consent or joining together. * ''Scriptae obligationes scriptis tolluntur, et nudi consensus obligatio contrario consensu dissolvitur''. :: Written obligations are released or discharged by writings, and an obligation of mere consent is dissolved or discharged by a consent to the contrary.See also
* History of contract law * '' Ius privatum'' * Law of obligationsCitations
{{ReflistGeneral and cited references
* Amos, Sheldon (1883). ''The History and Principles of the Civil Law of Rome''. London: Kegan Paul, Trench & Co. pp