There are many types of contracts. Today we’ll talk about one of them. A consensual contract is a voluntary agreement between two parties that does not require additional formalities. It should be noted that a consensual treaty appeared around the 3rd century BC.
According to experts, this type of contract was even easier compared to real ones. In this case, it was necessary that both parties reach a consensus. If the transfer of goods or any thing was made, then not at the
conclusion of the agreement, but as its execution. Thus, a consensual agreement could not be abstract, but in reality depended on certain grounds. In those days, a consensual agreement could be concluded in two ways: directly by the parties to the parties or through intermediaries.
The subject of this agreement should be real things that are some product and are directly in commercial circulation.
If the consensual contract was not fully implemented, lawsuits were envisaged to protect the buyer (otherwise actio empti) and, accordingly, to protect the seller (otherwise action venditi).
If you believe experts in this field, then in those days,
Roman law distinguished four different types of this agreement:
Hiring services (one side - the service provider - undertakes to perform some services in favor of the other side - the service provider, which, in turn, must accept them and pay the result accordingly).
Hiring works (one side represented by the contractor must do some work for the customer, who subsequently must not only accept it, but also pay for it).
Hiring things (one side in the person of the landlord must provide some thing for temporary use to the other side for a previously agreed fee. The tenant, in turn, must use this thing, pay for it and return it exactly on time, which is also agreed upon when using such an add-on as agreement to the contract).
Commission. According to this document, one party (principal) instructs the other side (attorney) to perform some legal actions in their own interests. The attorney, in turn, undertakes to perform these actions and then pass the results to the first party.
Purchase and sale. In this case, one party acting as a seller (otherwise a vendor) is obliged to the other side (otherwise an emptor) to transfer a certain thing into the property, and the buyer, in turn, must accept it and subsequently pay for it. The main elements of the above agreement were the price and the product itself.
Partnership. At the conclusion of this agreement, two or more persons are combined to carry out generally pursued business purposes.
All of the above agreements are concluded through the use of the agreement of the parties on the most important points of the document, regardless of the external form. Note that consensual contracts are respected today.