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Justinian identifies four types of real contract – contracts in re (in a thing) – mutuum, commodatum, depositum and pignus. Common to all four was an agreement, and the delivery of a res corporalis. [1] They are in contrast to consensual and inominate contracts. [1]
How exactly an early literal contract differed from mutuum itself is not certain. [10] The literal contract was formal: any claim would be based on the written form and not any facts which had led to its creation. [11] The literal contract was, according to Gaius, a nomina transcripta, and capable of functioning in two ways.
Austin said: Rights in rem sometimes arise from an instrument which is called a contract, and are, therefore, said to arise from a contract; the instrument in these cases wears a double aspect or has a twofold effect: to one purpose it gives jus in personam and is a contract, to another purpose it gives jus in rem and is a conveyance.
A commodate (Latin: commodatum), also known as loan for use, [1] in civil law and Scots Law is a gratuitous loan; a loan, or free concession of anything moveable or immoveable, for a certain timeframe, on condition of restoring again the same individual after a certain time.
The second sort is, when goods or chattels that are useful, are lent to a friend gratis, to be used by him; and this is called commodatum, because the thing is to be restored in specie. The third sort is, when goods are left with the bailee to be used by him for hire; this is called locatio et conductio , and the lender is called locator , and ...
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Appellate court or court of last resort (vs. iudex a quo) iudex a quo: Lower court from which an appeal originates; originating court (vs. iudex ad quem) iura novit curia: the court knows the law The principle that the parties to a legal dispute do not need to plead or prove the law that applies to their case. ius accrescendi: right of accrual
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