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The Roman Law of Obligations$
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Peter Birks and Eric Descheemaeker

Print publication date: 2014

Print ISBN-13: 9780198719274

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780198719274.001.0001

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The Organisation of Roman Contract

The Organisation of Roman Contract

(p.26) 2 The Organisation of Roman Contract
The Roman Law of Obligations

Peter Birks

Oxford University Press

This chapter examines the principles of organisation which underpin the Roman law of contracts, and how these relate to the major tasks that any law of contract would have to perform. It also looks into the arrangement of individual transactions in Gaius’ and Justinian’s Institutes, and the division between formal and informal contracts.

Keywords:   contract, contractus, implied terms, promise, reliance, formal contracts, informal contracts

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