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Introduction

In the previous three chapters, we have considered the most important forms of contract recognised by Roman law. In this chapter, we look at some further mat­ters. Unlike the position in modern law, where there is a general law of contract, we have seen that Roman law recognised a range of specific contracts.

This required any agreement to be fitted into a specific recognised category of contract if it was to be enforceable. Alongside the contracts already considered, there is a further category to consider, that of the ‘literal’ contracts. In addition, the limitations of the system of specific contracts had the result that it came to be seen as necessary to give at least some legal recognition to further types of transaction.

As we shall see, not everything covered in this chapter was considered to be a contract, though all had some affinity to contracts. For this reason, the looser term ‘contractual arrangements’ is used in the title of this chapter, rather than ‘contracts’.

B.

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Source: Anderson Craig. Roman Law for Scots Law Students. Edinburgh University Press,2021. — 496 p.. 2021
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