Roman Law Essentials: Contracts, Delicts, and Obligations

Roman Law Essentials: Part II

Buy and Sell Contracts (Emptio Venditio)

Key Subjects in Buy and Sell

• Seller (Venditor): Obligated to deliver the thing (rem tradere).
• Buyer (Emptor): Obligated to pay the agreed price (pretium solvere).

Actions and Responsibilities

• Actions: The transaction involves the act of buying and selling.
• Seller's Liability: Responsible for custodia (safe-keeping), dolus (deceit), and culpa (fault). Must answer for defects of the thing and could pay double for non-existent qualities.
• Arras (Earnest Money): A quantity or object given as evidence of consent to the contract.
• Sale of Future Things:
  • If the existence of the thing depends on the seller, the buyer can claim damages (dolus).
  • Sales of hope (emptio spei) are at the buyer's risk (e.g., a fishing net's catch).
• Price: If the selling price is significantly less than the true value (laesio enormis), the buyer might be compelled to pay the difference or return the thing.
• Covenants (Pacta Adiecta): Specific agreements added to the contract, such as:
  • Pactum displicentiae: Sale on approval (a test).
  • In diem addictio: Right to sell to a better offer within a certain period.

Steps to Resolve Legal Cases

Roman Legal Process Stages

1. Data Collection: Gathering all relevant facts.
2. Issue Identification: Pinpointing the core legal problem.
3. Subject Matter Analysis: Examining the object or dispute.
4. Subject Parties Analysis: Identifying and analyzing the involved parties.
5. Civil Case Classification: Determining the type of civil action.
6. Remedy Determination: Deciding on the appropriate legal solution.

Lease Contracts (Locatio Conductio)

Subjects in Lease Agreements

• Locator (Lessor/Landlord): Provides the use of a thing or service.
• Conductor (Lessee/Tenant): Pays for the use of a thing or service.

Duties and Liabilities in Lease

• Nature of Duties: Bilateral obligations, generally transmitted to heirs.
• Lessor's Responsibilities: Answers for culpa (fault) and defects of the thing. Not liable for accidental damage (casus fortuitus).
• Lessee's Responsibilities: Answers for culpa (fault), dolus (deceit), and custodia (safe-keeping). Not liable for accidental damage.

Special Maritime Law

• Lex Rhodia de Iactu: A Rhodian law concerning the jettison of goods. If goods are thrown overboard to save the ship and remaining cargo, the loss is paid in proportion by all beneficiaries (ship and saved cargo).

Partnerships (Societas)

Principles of Roman Partnerships

Each partner contributes something (e.g., capital, labor, skill) to a common lawful purpose, sharing profits and losses according to agreement.

Types of Partnerships

• Societas Omnium Bonorum (Universal Real): Partners contribute all their present and future property.
• Societas Quaestus (Universal Profit): Partners contribute all their gains from business activities.
• Societas Unius Rei (Particular Business): Formed for a specific transaction or business venture.

Partnership Termination

Partnerships could terminate due to:

• Mutual agreement (will).
• Resignation of a partner.
• Death of a partner.

Partnership Actions

• Actio Pro Socio: An action used by partners to settle accounts or disputes among themselves.
• Actio Communi Dividundo: An action for the division of common property among co-owners, including partners.

Mandate Contracts (Mandatum)

A mandate is a gratuitous contract based on mutual agreement, where one party (the mandatary) undertakes to perform a service for another (the mandator).

Subjects in Mandate

• Mandatary (Agent): Responsible for culpa (fault) and executing the order properly.
• Mandator (Principal): Responsible for reimbursing costs and liable for dolus (malice) and culpa (fault) if they caused harm.

Mandate Termination

Mandates terminate upon death of either party. The heirs of the mandator assume the principal obligation, and the mandatary's heirs may continue if agreed.

Quasi-Contracts (Obligationes Quasi Ex Contractu)

Obligations that arise from lawful acts, resembling contracts but lacking full agreement.

• Negotiorum Gestio (Business Management): Occurs when a person manages the affairs of another without their prior knowledge or authorization, but for their benefit.
• Solutio Indebiti (Undue Payment): Arises when a person mistakenly pays an obligation they believe they owe. If paid knowingly without debt, it is considered a donation.
• Communio Incidens (Incidental Co-ownership): When the same thing is owned by several people without a prior agreement to form a partnership (e.g., inheritance).

Quasi-Delicts (Obligationes Quasi Ex Delicto)

Obligations arising from wrongful acts that are not strictly delicts but incur liability.

• Iudex Qui Litem Suam Fecit (Corrupt Judge): A judge who acts fraudulently or negligently, causing harm to a party.
• Effusum et Deiectum (Things Thrown or Poured): Liability for damage caused by objects thrown or poured from a building onto a public place. The occupant is responsible.
• Positum et Suspensum (Things Placed or Suspended): Liability for danger posed by objects placed or suspended from a building that could fall and cause harm. The occupant is responsible.

Delicts (Crimes/Torts)

Private wrongs or offenses that give rise to an action for damages.

Subjects in Delicts

• Active Party (Victim): The person who suffers harm.
• Passive Party (Perpetrator): The person who commits the wrongful act.

Types of Delicts

• Furtum (Theft): The fraudulent handling of a thing with a view to gain, whether by taking, using, or possessing it. It does not necessarily involve violence.
• Rapina (Robbery): Theft committed with violence.
• Iniuria (Personal Injury/Insult): Any wrongful act that causes personal injury or insult to another's person, dignity, or reputation (e.g., serious bodily injury, fracture, organ injury, slap).
• Damnum Iniuria Datum (Unjustified Damage): Unjustified damage caused to property, including the killing or injuring of another's slave or animal.

Action for Damages

• Actio Legis Aquiliae (Action under Aquilian Law): An action for compensation for unjustified material damage. For killing a slave or four-footed beast, the highest value in the past 30 days was claimed.