Abstract

WEGMANN-STOOKEBRAND, Adolfo. On the Idea of Contract in the Institutions of Gaius. Rev. Derecho Privado [online]. 2018, n.34, pp.19-49. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n34.02.

This article examines the notion of contract in the institutions of Gaius as a lawful act with legal obligations, opposed only to ordinary civil transgressions (torts). For that purpose, the study draws its attention on fragments of late-Classic jurisprudence. In this way, I intend to show that the dichotomy contractus-delictum does not constitute a peculiarity of Gaius' text, but it repre sents one of the many doctrines on contracts developed by Roman jurispruden ce. Such a notion would not be related to the idea of contract in modern law, which is grounded on the parties' agreement.

Keywords : Contractus; obligatio ex contractu; Institutions of Gaius.

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