Abstract

CHINCHILLA IMBETT, Carlos Alberto. 'Contrarius consensus': Termination of contract by mutual consent in Roman law. Rev. Derecho Privado [online]. 2015, n.28, pp.79-126. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n28.04.

Modern concept of termination of contract by mutual consent, used by civil tradition, can't match the Roman law experience. In the Roman law language, the 'contrarius consensus' was born in response to the demands of contractual consensual termination, through the correspondent application between the constitution and the extinction of contractual binding. Moreover, it referred to an agreement ex intervallo whose effectiveness is framed in good faith judgments with limits on its use by the res integra. This limit allowed its application with reasonability and fairness, in the sense that, the parties ensure the performance of their agreement and avoid unfavorable situations for either parties.

Keywords : 'contrarius consensus''; pactum; mutual termination of contract; good faith; Roman law.

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