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Literal Contract

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Chapter Summary

This chapter presents an extract from Gai., 3.133, which is situated in the part on the law of obligations and, more precisely, in the part about literal contracts. The Institutiones of Gaius are the only legal source that mentions this kind of contract. Gaius distinguished two kinds of literal contracts: Roman and non-Roman literal contracts. The controversy in Gai., 3.133 turned on the legal problem of whether peregrini could be bound by nomina transscripticia. A nomen transscripticium a persona in personam brought about effects that were totally different from those effected by a mandatum pecuniae credendae. The chapter discusses the views of the Proculians and the Sabinians. The Sabinians built up their reasoning by means of the locus ex differentia. Whereas a nomen transscripticium was part of the ius civile when it was a persona in personam, the Sabinians maintained that it was not when a re in personam.

Keywords: a re in personam; Institutiones; nomina transscripticia; non-Roman literal contracts; peregrini; Proculians; Roman literal contracts; Sabinians



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