CONTRACT US

A Law Dictionary · 1910 · p. 7
Lat. Contract; a contract; contracts. -Contractn■ bonre ":6.dei. In Roman law. Contracts of good faith. Those contracts which, when brought into litigation, were not determined by. the rules of the strict law alone, but allowed the judge to examine into the bona fide11 of the transaction, and to hear equitable considerations against their enforcement. In this they were opposed to contracts atricti juri11, D against which equitable defenses could not be entertained.-Contractn■ civiles. In Roman Jaw. Civil contracts. Those contracts which were recognized ea actionable by the strict civil·' law of Rome, or as bein~ founded upon a partioolar statute,,as distmguished from those which could not be enforced in the courts ex- E cept by the aid of the prretor, who, through hill equitable powers, gave an action upon then:i. The latter were called "co1itractt1,,t pr111torii." Contractns eat quasi act us contra a1itum. 2 Coke, 15. A contract is, as it were, act against act. f Contract us ex tnrpi cans a, vel contra bonos mores, nnllns est. A contract founded on a base consideration, or against good morals, is null. Hob. 167. G Contractns legem ex convention.a aocipinnt. Contracts receive legal sanction from the agreement of the parties. Dig. 16, 3, 1, 6. [s. 269]
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