There are many types of contracts.Today let's talk about one of them.Consensual contract - a voluntary agreement between the two parties, which does not require additional formalities.It should be noted that the consensual contract came about in the 3rd century BC
According to experts, this type of contract was even simpler than real.In this case, it was necessary that both sides had reached a mutual consensus.If the transfer of goods or some things and made, not at the conclusion of the agreement, as well as its execution.Thus konsensualy agreement could not be abstract, but in reality dependent on certain grounds.In those days could be consensual contract in two ways: directly by the parties participating or through intermediaries.
subject of this agreement should be the real thing, which represent some goods and are located directly in commercial turnover.
If no consensual agreement executed fully provides for actions to protect the buyer (otherwise actio empti) and thus to protect the seller (otherwise action venditi).
According to experts in this field, in those days the Roman law distinguishes four different types of agreements:
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Hiring.There are three varieties of it:
Hiring services (one side - The Service - undertakes to perform certain services in favor of the other side - uslugoprinimatelya, which, in turn, must accept them and therefore pay for the result).
Hiring jobs (one side in the name of the contractor must do some work for the customer, who later it must not only accept, but also to pay).
Hiring of things (one side represented the landlord must provide some thing for temporary use the other side for a pre-agreed fee. The employer, in turn, should use this thing pay it and return just in time, which also stipulates the use of such supplementsas agreement to contract).
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Commission.According to this document, one party (the principal) entrusts to another party (the attorney) to make some legal acts in their best interest.Attorney, in turn, is obliged to perform these actions, and then pass the first side of the results.
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purchase and sale.In this case, one side acting as a seller (otherwise venditor) undertakes to the other side (otherwise emptor) transfer the ownership of a certain thing, and the buyer, in turn, must accept it and then pay.The main elements of the above agreements were the price and the product itself.
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Partnership.At the conclusion of the agreement of two or more persons come together to commit obschepresleduemyh economic purposes.
All of these contracts are concluded through the use of the parties' agreement on the most important points of the document, regardless of the external form.Note that the consensual contracts are respected today.
