Contract in roman law

by | Nov 18, 2021 | Homework Help

Write 7 pages thesis on the topic entering into a contract in roman law. Under Roman law, while entering into a contract, it was necessary to adhere strictly to certain forms and if those forms were not satisfied then the agreement would be deemed to be invalid and would fail. According to Gaius, if a claimant who sought recoveries for the destruction of his vines referred to them as such, he would lose his cause then and there because a correct application of the law would require him to refer to those vines as trees – the correct term to be used2. Moreover, there were only some days in which magistrates would sit to adjudicate public business. Five specific remedies were available under Roman civil law, which was known as legal action because there were specifically prescribed under civil law and were cast in specific legal forms that had to be strictly followed. The procedure for Roman Citizens to approach a magistrate for the resolution of a dispute was set out in the Law of XII – the Tables. According to the procedure, the plaintiff would generally be obliged to appear in person, except for some notable exceptions, for example, a slave could not appear in person but had to have a free person represent him. The procedure consisted of five actions in law -three declaratory actions of the law were to be taken first: legis actio Sacramentum, legis action to per indices postulation and legis action to per condition” followed by two executives “legal action to per manus infection and legis action to per pignoris capionem.&nbsp. These formalities had to be followed strictly and the rites of each action were to be made in swears before a magistrate and any small error could result in a loss of the process. There is also a dispute that arises in the case of Albus with Brutus on the slave, as well as with Decius for the supply of defective grain. Therefore it appears that Albus may have to approach the magistrate on an appointed day when he is in presence to present the facts of the respective&nbsp.cases in order to try and attain justice.

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