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The verborum obligatio was contracted by uttering certain words of formal style, an interrogation being put by one party, and an answer given by the other. These stipulations were binding. In England all guarantees must be in writing.
The obligatio literis was a written acknowledgment of debt chiefly employed when money was borrowed, but the creditor could not sue upon the note within two years from its date, without being called upon also to prove that the money was in fact paid to the debtor. Contracts perfected by consent consenses had reference to sale, hiring, partnership, and mandate.
In the case of the -obligatio litteris- also, i. e. a claim based solely on the entry of a debt in the account-book of the creditor, this legal regard paid to the personal credibility of the party, even where his testimony in his own cause is concerned, affords the key of explanation; and hence it happened that in later times, when this mercantile repute had vanished from Roman life, the -obligatio litteris-, while not exactly abolished, fell of itself into desuetude.
The expression "deriving their just powers from the consent of the governed," seems to me most probably to be an epitome and summary of the two fundamental propositions of the law of agency Obligatio mandati consensu contrahentium consistit, a free translation of which is "The powers of an agent are derived from the consent of the contracting parties," and Rei turpis nullum mandatum est, a free translation of which is "No agent can have unjust powers."
These principles are: "Obligatio mandati consensu contrahentium consistit," a translation of which is, "The powers of an agent are derived from the consent of the contracting parties," and "Rei turpis nullum mandatum est," a translation of which is "No agent can have unjust powers."
In the case of the -obligatio litteris- also, i. e. a claim based solely on the entry of a debt in the account-book of the creditor, this legal regard paid to the personal credibility of the party, even where his testimony in his own cause is concerned, affords the key of explanation; and hence it happened that in later times, when this mercantile repute had vanished from Roman life, the -obligatio litteris-, while not exactly abolished, fell of itself into desuetude.
The obligatio literis was a written acknowledgment of debt, chiefly employed when money was borrowed; but the creditor could not sue upon a note within two years from its date, without being called upon also to prove that the money was in fact paid to the debtor.
Next to the perfection of contracts by the intervention of things re, were obligations contracted by verbis solemn words and by literis or writing. The verborum obligatio was contracted by uttering certain formal words of style, an interrogation being put by one party and an answer given by the other. These stipulations were binding. In England all guarantees must be in writing.
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