Vietnam or Thailand ? Vote for the TOP Country of the Week !
Updated: June 4, 2025
For, when the "Law of Nations" had been converted into the "Law of Nature," it seemed to be implied that the Consensual Contracts were the type of the agreements most congenial to the natural state; and hence arose the singular belief that the younger the civilisation, the simpler must be its forms of contract. The Consensual Contracts, it will be observed, were extremely limited in number.
For the first time then moral considerations appear as an ingredient in Contract-law, and the Real Contract differs from its two predecessors in being founded on these, rather than on respect for technical forms or on deference to Roman domestic habits. We now reach the fourth class, or Consensual Contracts, the most interesting and important of all.
We now come to the last point of contact and essential oneness that there is between Darwinism and socialism. I cannot consider here the recent attempt at eclecticism made by M. Fouillée and others. M. Fouillée wishes to oppose, or at least to add, to the naturalistic conception of society the consensual or contractual conception.
Lastly, the Consensual Contracts emerge, in which the mental attitude of the contractors is solely regarded, and external circumstances have no title to notice except as evidence of the inward undertaking. It is of course uncertain how far this progress of Roman ideas from a gross to a refined conception exemplifies the necessary progress of human thought on the subject of Contract.
Obligations contracted by mere consent are exemplified by sale, hire, partnership and agency, which are called consensual contracts because no writing, nor the presence of the parties, nor any delivery is required to make the obligation actionable, but the consent of the parties is sufficient.
In the intercourse of life the commonest and most important of all the contracts are unquestionably the four styled Consensual.
This epoch is synchronous with the period at which the famous Roman classification of Contracts into four sorts the Verbal, the Literal, the Real, and the Consensual had come into use, and during which these four orders of Contracts constituted the only descriptions of engagement which the law would enforce.
Such motives were not of course confined to Rome, and the commerce of the Romans with their neighbours must have given them abundant opportunities for observing that the contracts before us tended everywhere to become Consensual, obligatory on the mere signification of mutual assent. Hence, following their usual practice, they distinguished these contracts as contracts Juris Gentium.
And to maintain the integrity of an inadequate theory, a seal was said to a consideration. Nowadays, it is sometimes thought more philosophical to say that a covenant is a formal contract, which survives alongside of the ordinary consensual contract, just as happened in the Roman law. But this is not a very instructive way of putting it either.
The great physiologic interest in this case lies in the fact that every movement and every act of the natural face was simultaneously repeated by the supernumerary face in a perfectly consensual manner, i.e., when the natural mouth sucked, the second mouth sucked; when the natural face cried, yawned, or sneezed, the second face did likewise; and the eyes of the two heads moved in unison.
Word Of The Day
Others Looking