Pacts (Pacta)
Generally speaking, a pact (pactum; plural pacta) was an agreement of a kind that could be pled as a defence to a claim, but could not itself be enforced.[2345] Such a pact was said to be a ‘bare pact' (nudumpactum).
There were exceptions to this, however, known as ‘clothed pacts' pacta vestita). For example, as we saw in Chapter 20, in a contract of sale a pact could be enforced if agreed on at the time the contract was made.[2346] In such a case, the pact could be used to introduce additional terms to the contract. There were also various pacts made enforceable by imperial pronouncement.[2347] The most important category of clothed pacts, however, was that of praetorian pacts.The praetorian pacts were pacts that were made enforceable by the praetor. There were two of these. Constitutum debiti was an agreement to pay a debt that already existed.[2348] This was not a novation, and so did not extinguish the original debt. Rather, it reinforced the original debt, and was often used to provide perÂsonal security for a debt owed by another.[2349]
The other praetorian pact was receptum, which was the collective name for a category of agreements whereby a person assumed responsibility for something. For example, the receptum arbitri was an agreement to act as an arbitrator.[2350] Of particular interest is the receptum by which innkeepers, stablekeepers and carriÂers by sea undertook the safekeeping of travellers’ property in their care. This, however, has a complex interaction with the quasi-delictual liability imposed on such individuals, and will be considered alongside that matter in Chapter 25.[2351]
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