КИЇВСЬКИЙ НАЦІОНАЛЬНИЙ УНІВЕРСИТЕТ

ІМЕНІ ТАРАСА ШЕВЧЕНКА

ІНСТИТУТ МІЖНАРОДНИХ ВІДНОСИН

КАФЕДРА ІНОЗЕМНИХ МОВ

РЕФЕРАТ НА ТЕМУ:

«General trends and stages of the development of contractual law in

ancient Rome»

Виконали:
студенти ІІ курсу 3 групи
спеціальності МП
Плєшівцева Іванна Ігорівна
Омельченко Дмитро Ярославович
Шаптала Владислав Сергійович

Викладач:
доц. Полєєва Юлія Сергіївна

Київ – 2023
 CONTENTS

INTRODUCTION…………………………………………………………………3

CHAPTER 1

Concept of contractual law in ancient Rome............................................4

Stages of development..............................................................................6
Principles of contractual law....................................................................7
CONCLUSIONS…………………………………………………………………..9

REFERENCES…………………………………………………………………....10

GLOSSARY……………………………………………………………………....10
 INTRODUCTION

This abstract provides an overview of the general trends and stages in the
development of contractual law in ancient Rome. The evolution of contractual law
in Roman society can be divided into few key stages: Early Roman Law
,Legislation and Codification, the classical period, and the late Roman and Post-
Classical Period. During the early period, contracts were informal and often based
on trust, with limited legal remedies. The classical period saw the emergence of
formalized contract types and legal enforceability, reflecting the growing
complexity of Roman commerce. In the post-classical era, the influence of Roman
law spread throughout the Western world, leaving a lasting legacy on modern
contract law. This abstract highlights the significant milestones in the development
of contractual law in ancient Rome, shedding light on its enduring impact on
contemporary legal systems.
 Concept of contractual law in ancient Rome

Roman contractual law was a foundational element of Roman legal systems and
played a crucial role in the functioning of Roman society and its economy. Here
are some key aspects of Roman contractual law:

1. Freedom of Contract: Roman law placed a strong emphasis on the freedom of

individuals to enter into contracts. Parties had a wide degree of autonomy in
determining the terms and conditions of their agreements.

2. Contract Formation: Contracts in ancient Rome were typically formed through

various methods, including verbal agreements, written contracts, and formal
ceremonies. The key was the consensus of both parties, indicating their mutual
intention to be bound by the contract.

3. Types of Contracts: Roman law recognized several types of contracts, including:

- Sale Contracts (Emptio-Venditio): Governed the sale and purchase of goods

and property.

- Loan Contracts (Mutuum): Regulated the lending and borrowing of goods,

often money.

- Mandate Contracts (Mandatum): Covered situations where one party entrusted

another with a specific task or mandate.

- Lease Contracts (Locatio-Conductio): Addressed agreements related to renting

or leasing property.

- Deposit Contracts (Depositum): Regulated the deposit of property with a party

for safekeeping.

- Partnership Contracts (Societas): Governed agreements among individuals to

jointly engage in business ventures.
4. Formalism: While some contracts could be informal, others required specific
formalities, such as written documents or ceremonies, to be valid. The level of
formality often depended on the type of contract.

5. Principles of Contractual Obligation: Roman law established fundamental

principles for contract enforcement, including:

- Pacta Sunt Servanda: The principle that agreements must be kept. Parties were
generally bound to fulfill their contractual obligations.

- Consensus Ad Idem: The requirement that both parties must have a mutual
understanding and agreement on the terms of the contract.

- Doli Incapax: Recognized the incapacity of parties, particularly minors, to enter

into contracts.

6. Remedies for Breach: Roman law provided remedies for breach of contract,
including actions for specific performance, damages, and rescission of the contract.

7. Role of Jurists: Roman jurists, such as Gaius and Ulpian, played a significant
role in shaping and interpreting contract law through their writings and legal
opinions.

8. Influence on Modern Law: Many principles of Roman contractual law have had
a lasting influence on modern legal systems, particularly in civil law jurisdictions.
Concepts like "pacta sunt servanda" and "consensus ad idem" are still fundamental
to contract law today.

Roman contractual law evolved over time, reflecting the changing needs of society,
the expansion of trade, and the contributions of legal scholars. It laid the
foundation for many aspects of modern contract law and continues to be studied
and referenced in legal scholarship.
 Stages of development:

Contractual law in ancient Rome underwent significant development over time,

reflecting the evolving needs of Roman society and its legal system. Here are some
general trends and stages in the development of contractual law in ancient Rome:

1. Early Roman Law (c. 753 BC - 3rd Century BC):

- In the early stages of Rome's development, contractual agreements were largely

informal and based on custom and tradition.

- Verbal agreements and oral contracts played a prominent role in these early
transactions.

- The concept of "stipulatio" emerged, which was a type of formal question-and-

answer method used to create binding agreements.For example, in a sale, one party
would ask, "Do you promise to pay me X amount for this property?" and the other
would respond, "I do."

- These agreements were relatively straightforward and relied heavily on personal

honor and social pressure to ensure compliance.

2. Legislation and Codification (3rd Century BC - 1st Century BC):

- As Roman society became more complex and trade expanded, there was a need
for more structured legal rules.

- The Roman Republic introduced various statutes and regulations to govern

contracts, including the "lex Poetelia Papiria" (326 BC), which placed limits on
debt bondage, and the "lex Rhodia de iactu" (c. 100 BC), which dealt with
maritime contracts.

- The Twelve Tables (c. 450 BC) contained some provisions related to contracts,
providing a foundation for future legal developments. They primarily concerned
the formalities and procedures for concluding valid contracts, such as the use of
oral agreements and the importance of witnesses.
3. Classical Roman Law (1st Century BC - 3rd Century AD):

- This period marked the golden age of Roman law, characterized by significant
developments in contract law.

- Jurists like Gaius and Ulpian played a pivotal role in systematizing and
codifying contract principles.

- The "ius civile" (civil law) systematized and codified contractual principles,
making contracts more formalized.

- Contracts were categorized into various types, including sale contracts (emptio
venditio), loan contracts (mutuum), and contracts of mandate (mandatum).

- Formalism became more prominent, with contracts requiring specific forms and
ceremonies to be valid.

4. Late Roman and Post-Classical Period (3rd Century AD - 6th Century AD):

- The decline of the Roman Empire saw legal developments influenced by

Germanic tribal customs and the emergence of Byzantine law.

- The "Justinian Code" (Codex Justinianus) compiled Roman law in the 6th
century, including contract law, and became influential in the Byzantine and later
European legal systems.

Principles of Contractual Law:

In ancient Rome, contractual law was governed by a set of principles and

concepts that formed the foundation of their legal system. Here are some of the key
principles of contractual law in ancient Rome:
1. Pacta Sunt Servanda: This principle means "agreements must be kept." It was a
fundamental tenet of Roman contract law, emphasizing the importance of honoring
the terms of a contract once it was agreed upon. Parties were generally bound to
fulfill their contractual obligations.

2. Consensus Ad Idem: This principle required that both parties must have a
mutual understanding and agreement on the same terms of the contract. In other
words, there had to be a meeting of the minds, and both parties had to be on the
same page regarding what they were agreeing to.

3. Doli Incapax: This principle recognized the incapacity of certain individuals to

enter into contracts, particularly minors and individuals with diminished mental
capacity. The law protected such vulnerable parties from entering into agreements
that they might not fully understand.

4. Unilateral Contracts: Roman law recognized unilateral contracts where one party
made a promise that, once accepted through performance by the other party,
created a binding contract. For example, a reward for finding a lost item was a type
of unilateral contract.

5.Partnership Contracts (Societas): The concept of partnership contracts allowed

individuals to engage in business ventures together. These contracts had their own
set of rules and principles governing the rights and responsibilities of partners.

These principles of contractual law in ancient Rome provided a framework for

creating, interpreting, and enforcing contracts. They laid the foundation for many
aspects of modern contract law and have had a lasting influence on legal systems
in various parts of the world, particularly in civil law jurisdictions.
 CONCLUSIONS

In conclusion, the development of contractual law in ancient Rome unfolded

through distinct stages and trends that reflected the changing needs of Roman
society and the evolution of its legal system. From its early reliance on informal
agreements rooted in tradition to the codification of principles governing complex
contracts, Roman contractual law left an indelible mark on the foundations of
modern contract law.

The journey of Roman contractual law encompassed periods of simplicity and

informality, as well as eras marked by legislative intervention and formalism. The
principles of "pacta sunt servanda" and "consensus ad idem" emerged as timeless
pillars, emphasizing the sanctity of agreements and the necessity of mutual
understanding.

As Roman society expanded its commercial activities and legal scholars like Gaius
and Ulpian shaped the jurisprudence, the sophistication of contract law grew. The
Roman legal system's recognition of diverse contract types, from sale contracts to
partnership agreements, showcased its adaptability to the complexities of economic
life.

The enduring legacy of Roman contractual law persists in modern legal systems
worldwide, as its principles continue to guide the formation, interpretation, and
enforcement of contracts. This historical journey through the stages of Roman
contractual law serves as a testament to the enduring relevance of its foundational
principles in the contemporary legal landscape.
 REFERENCES

1.The Cambridge Companion to Roman law, edited by David Johnston

2.Roman Law and the Origins of the Civil Law Tradition. George Mousourakis
3.Roman Law Essentials. Craig Anderson

4.The History of Law in Europe. Bart Wauters and Marco de Benito

Glossary
1. enduring relevance- стійка актуальність
2.to encompass- охоплювати
3.emphasizing the sanctity- підкреслюючи святість
4.Pacta Sunt Servanda- домовленості повинні бути дотримані
5.enforceability- можливість виконання
6.prominent- видатний
7.maritime contracts- морські контракти
8.legislative intervention- законодавче втручання
9. deliberately- свідомо
10. incapacity- недієздатність
11.contract enforcement- забезпечення виконання контракту
12. significant milestones- значні віхи
13. to ensure compliance- забезпечити відповідність
14.mutual intention- взаємний намір
15.to fulfill contractual obligations- виконувати договірні зобов'язання
16.rescission- анулювання
17.strong emphasis- сильний наголос
18. legal remedies- засоби правового захисту
19.engage in business ventures- займатися бізнесом
20.one party entrusted another- одна сторона довірила іншій