HIST-1107EL Study Guide - Quiz Guide: Obligatio Consensu, Praetor, Jus Commune
15 Dec 2020
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Document Summary
Dutch lawyers would describe a contract as an obligatory" agreement (an agreement creating an obligation). The use of term agreement" in this sense cannot be traced back further than the 19th century and it is better therefore to omit it from any historical investigation of the term contract". The word contract" in dutch and english comes from the latin word contractus", from which the french also get the word contrat" and the germans kontrakt". Contractus" is derived from the verb contrahere"; obligationem contrahere" simply means to bring an obligation upon himself". At the time contrahere" could also occur without concurrence of will. Later this changed: one started to see concurrence of will as an essential element of. The concurrence of will was referred to as conventio" (digest 2,14,1, text no. Conventio" is derived from the verb convenire"; the verb means to meet" and is used figuratively for people that come to hold the same view.
