Written contracts Flashcards

1
Q

General

A

Knowledge of the Roman written contract – expensilatio or nomina transcripticia- is essentially all from G’s account and Theophilus’s account
- Seemed to exist well before the end of the legis actio period
- But had become long obsolete by J’s time – no mention of it in Digest or Institutes

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2
Q

In the republic

A
  • The head of a household would keep his receipts and outgoings – that were noted in a daybook (adversaria) – in his ledger (codex accepti et depensi)
  • The obligation literis (by writing) was created by an entry in the ledger of an advance alleged to have been the debtor, the entry imposing the duty upon him
  • The entry was the obligation – unilateral and stricti iuris
  • But the entry had to be distinguished from records taken from the adversaria (notes) of actual receipts and disbursements
  • The obligation could only be for a sum of money
  • So was enforceable by the actio certae pecuniae creditae
  • The obligation could not be conditional
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3
Q

availability of the contract literis

A

was the topic of a school debate
- Proculians – exclusive to cives
- Sabinians – only cives could be creditors – but peregrines could be debtors where transcription was a re in personam

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4
Q

Rise in banking in relation to written contracts

A
  • Saw a decline in households keeping records – bankers did it instead
  • Literal contract survived among bankers into late classical times
  • BUT increasing importance of the cautio in stipulatio - contributed to its decline
  • It was already unknown to a 4th century writer
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5
Q
A
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