Chapter Summary
A system of specific contracts, rather than a general law of contract, leaves gaps where an agreement does not fall within one of the established contract types. In the preceding three chapters, we saw three of the four institutional categories of contract.
In this chapter, we saw the fourth, namely literal contracts. In time, though, at least some recognition was given to other forms of agreement. In this chapter, we saw three further categories of agreement that could have legal consequences. These were:• innominate contracts, which could be enforced by a party who had perÂformed his or her side of the bargain, against a party who had not;
• pacts, which could be used as a defence but which could not be enforced, except where (particularly praetorian) intervention had made them enforceable;
• agreements to make gifts, which became enforceable under Justinian.
Further Reading
G.3.128-34, 138
J.3.21
P Birks, The Roman Law of Obligations (E Descheemaeker ed, Oxford University
Press 2014) chapter 3
E Metzger ed, A Companion to Justinian’s Institutes (Duckworth 1998) 148—50, 168—9 A Watson, The Law of Obligations in the Later Roman Republic (Oxford University
Press 1965) chapter 3
R Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition (Oxford University Press 1996) chapters 16 and 17