492:. If the pledgee fell short of the expected standard, the contract was terminated immediately. The pledgee could claim for expenses incurred in maintaining the thing (such as an animal or slave). The pledgee had to set any profits derived from the thing against the outstanding debt. The pledge was repaid when the debt was settled, along with any accretions. The pledgor had no action without repayment. The pledgee did not have ownership, and therefore could not sell or destroy the thing, which was restrictive. A
386:" was acceptable. The depositee was also bound to hand over any accretions of the thing, such as any young born to a deposited animal. The depositor was liable for any damage caused by the deposited thing, and the cost of transportation if the place that the things was to be returned differed from that where it was borrowed. The
447:, where ownership was transferred as well as possession. Accordingly, the thing could be sold by the owner and deducted from the debt without recourse to the pledgor, and whilst it was owned by pledgee the pledgor had no right of use. It also required a formal conveyance. This is in contrast to the
261:
was a loan for use. It did not transfer ownership nor possession, and was also gratuitous (no interest could be charged). If interest was included, the agreement was instead either one of hire or an innominate contract. It was assumed to be for a "reasonable time" if this was not specified at the
240:
The borrower was bound to return the equivalent thing. As owner, he bore liability for loss, theft, or damage; they were irrelevant to his liability for the thing. Two exceptions were made, where repayment would be dependent on the success of the operation: the financing of a cargo ship, and the
356:
for safekeeping. It did not transfer ownership nor possession, and was also gratuitous. Land could not be the subject of a deposit. If interest was included, then the deposit became a contract of hire. Since ownership did not pass, a thief could deposit. The depositee could not benefit from the
496:
was typically agreed between the parties, to come into effect after a set time. So common was this that it was often considered implied. The amount would be deducted from the debt, interest and expenses added, and this could then be sued for under whichever contract had formed the debt.
74:
Each varied regarding the expected standards of care, transfer of ownership, and other practicalities stemming from the purpose of each. They all involved the delivery of a physical thing, which was a defining characteristic of such contracts. They were generally supplemented by the
411:
of fungibles, normally money. In contrast to a usual deposit, ownership did pass, granting more rights to the depositee to protect the property. It had to be returned on request, and the transferee could derive no benefit from it. The second was
144:. The others certainly existed in Gaius' time. The other three can be distinguished insofar as they are different from traditional concepts of debt from which real contracts developed, are bilateral, do not transfer ownership, are
266:
during the
Classical period and later, though this was doubted before that. Perishables could not be loaned for use, unless they were to be used for display purposes only, or a small number of other exceptions. The lender under a
390:
was available to the depositor to seek return of his goods, with double damages awarded if the damage had been made in an emergency, such as during fire or riot. It resulted in
382:
to be the appropriate standard. The parties could agree to vary the level of care expected of the depositee. A depositee was expected to return the thing on demand. Reasonable "
332:. If the lender owed the borrower money relating to another contract or sale, then he could keep the borrowed thing and offset the cost against the debt He could also bring the
324:
if he misused the thing he had borrowed. If the borrowed thing had undisclosed defects which caused damage of which the lender was aware, then the lender would be liable under
196:
goods, such as money, food, and drink. Ownership was transferred, as was possession. In a strict sense then, because ownership passed, it should not be considered a loan. The
805:
480:
The pledgee, if he was in physical control of the object (as was usually the case) was required to safeguard the thing. Like the borrower, a pledgee was held to the
370:
standard. This meant that the depositee was liable if found to have been grossly negligent: careless to the extent that bad faith could almost be assumed.
200:
obliged the borrower not to return the thing itself, because its use would involve consumption, but a similar thing in quantity, quality and size.
440:("pledge") was a form of real security which transferred possession but not ownership. It often formed part of a mortgage or similar transaction.
152:
in nature. Gaius can therefore be seen as writing at a developing time in the law, although why the others are not mentioned at all in the
298:
was a form of strict liability, where the only situation when the borrower would not be liable would be actions of a "greater force" (
835:
791:
774:
755:
119:
36:
914:
418:, whereby a thing whose ownership was disputed was deposited with a third party, bound to return it to the successful party in a
211:("strict law") – the lender could not claim interest. Despite this, it became the standard arrangement for moneylenders in the
847:
798:
286:– a good, respected, head of the family. Some commentators consider the relevant standard to have instead been that of a
225:
did not place on the borrower any specific date on which to return the equivalent thing, this would also be given in a
130:
had to be created to cover any interest, then it could be used to cover the other elements of the transaction as well.
40:
123:
241:
sponsorship of a professional athlete. Neither was liable if they did not succeed; the risk was born by the lender.
126:. Real contracts were of limited significance, although they are featured prominently in the works of jurists. If a
400:
if expenses were paid. Originally, it seems that the expenses could be set against the value of the thing in the
316:. Where the borrower was liable, Justinian at least gave the lender the choice of whether to sue the borrower
79:
and an inominate contract, which allowed additional provisions, such as interest, to be added to contracts
290:("most careful head-of-family"), a higher standard. This may have developed from an earlier standard of
883:
493:
488:. The pledgor was liable for damage done by his thing deposited, if he acted without the care of a
154:
179:
909:
348:
770:
751:
453:
207:
action for the value of the thing if a similar thing was not returned as described. It was
353:
357:
deposit in any way. If the depositee used the thing, then this was considered theft by
212:
133:
44:
426:
until the disagreement was settled. It could be used in relation to land or movables.
221:, an additional contract. Rates of interest were heavily regulated by the state. As a
903:
383:
306:. If the borrower was liable, then he had an action available against the thief (the
470:
320:
in breach of contract, or the thief or damager. The borrower was also liable for
887:
359:
313:
422:
or similar action. Because possession passed, both parties were prevented from
841:
303:
257:
217:
188:
245:
was unilateral and did not place the lender under any obligations or duties.
815:
91:
52:
28:
783:
302:) such a theft with force, or what is called in the modern English law an
423:
193:
461:
remained popular with lenders who enjoyed increased security, whereas a
192:
and to undertake remedies. It involved the delivery of certain types of
877:
392:
149:
17:
871:
865:
857:
325:
308:
170:
404:, but, if so, this ability came to an end in the time of Justinian.
278:– the borrower was liable if his or her conduct fell short of the
51:, it is commonly thought that there were four types of these, as
787:
271:
did not have to be owner, since ownership was not transferred.
274:
A borrower was held (in most juristic texts) to a standard of
336:
if his expenses exceeded the value of the property borrowed.
114:. Common to all four was an agreement, and the delivery of a
182:
was passed. It could be used by people without the right of
407:
There were two special types of deposit. The first was the
396:
if the depositee was held liable. The depositee had the
328:. The appropriate action for breach of contract was the
174:
was a loan for consumption. It was the oldest contract
83:
making them more suitable for commercial applications.
262:
time of the agreement. Land could be the subject of a
856:
822:
178:, growing in importance after 326 BC when the
94:identifies four types of real contract – contracts
769:. Clarendon Law. Oxford: Oxford University Press.
43:(Contratti innominati (diritto romano)). Although
750:(3 ed.). Oxford: Oxford University Press.
746:Borkowski, Andrew; du Plessis, Paul J. (2005).
707:
705:
703:
701:
699:
697:
678:
676:
674:
672:
662:
660:
658:
639:
637:
635:
215:. Interest would instead have to be given in a
625:
623:
613:
611:
574:
572:
570:
484:standard; again, this may have developed from
378:("fraud"). Indeed, some commentators consider
136:, however, only mentions one type of contract
799:
551:
549:
547:
545:
543:
541:
531:
529:
519:
517:
515:
513:
511:
509:
8:
186:– a package of rights to participate in the
587:Borkowski, du Plessis (2005). pp. 102, 298.
413:
31:, contracts could be divided between those
806:
792:
784:
729:Borkowski, du Plessis (2005). pp. 303–304.
691:Borkowski, du Plessis (2005). pp. 302–303.
605:Borkowski, du Plessis (2005). pp. 298–299.
366:It appears that the depositee was held to
47:only identifies a single type of contract
505:
738:Borkowski, du Plessis (2005). p. 304.
711:Borkowski, du Plessis (2005). p. 303.
682:Borkowski, du Plessis (2005). p. 302.
666:Borkowski, du Plessis (2005). p. 301.
643:Borkowski, du Plessis (2005). p. 300.
617:Borkowski, du Plessis (2005). p. 299.
596:Borkowski, du Plessis (2005). p. 297.
578:Borkowski, du Plessis (2005). p. 298.
7:
443:It developed later than the similar
473:, but was increasingly eclipsed by
229:if required. In the later law, the
25:
41:innominate contracts in Roman law
465:was more useful to the pledger.
451:, which could be carried out by
1:
564:Nicholas (1962). pp. 168–169.
288:diligentissimus paterfamilias
767:An Introduction to Roman Law
720:Nicholas (1962). p. 170–171.
931:
118:. They are in contrast to
374:was therefore similar to
334:actio commodati contraria
765:Nicholas, Barry (1962).
652:Nicholas (1962). p. 171.
629:Nicholas (1962). p. 170.
555:Nicholas (1962). p. 168.
535:Nicholas (1962). p. 169.
523:Nicholas (1962). p. 167.
482:culpa levis in abstracto
398:actio depositi contraria
276:culpa levis in abstracto
59:(loan for consumption),
915:History of contract law
312:) or damager under the
469:lasted until the late
414:
39:, and those that were
748:Textbook on Roman Law
884:Damnum iniuria datum
409:depositum irregulare
490:bonus paterfamilias
284:bonus paterfamilias
155:Institutes of Gaius
124:inominate contracts
35:, those that were
897:
896:
203:The lender had a
16:(Redirected from
922:
808:
801:
794:
785:
780:
761:
739:
736:
730:
727:
721:
718:
712:
709:
692:
689:
683:
680:
667:
664:
653:
650:
644:
641:
630:
627:
618:
615:
606:
603:
597:
594:
588:
585:
579:
576:
565:
562:
556:
553:
536:
533:
524:
521:
417:
87:General features
63:(loan for use),
21:
930:
929:
925:
924:
923:
921:
920:
919:
900:
899:
898:
893:
852:
818:
814:Obligations in
812:
777:
764:
758:
745:
742:
737:
733:
728:
724:
719:
715:
710:
695:
690:
686:
681:
670:
665:
656:
651:
647:
642:
633:
628:
621:
616:
609:
604:
600:
595:
591:
586:
582:
577:
568:
563:
559:
554:
539:
534:
527:
522:
507:
503:
434:
344:
330:actio commodati
253:
166:
98:(in a thing) –
89:
23:
22:
15:
12:
11:
5:
928:
926:
918:
917:
912:
902:
901:
895:
894:
892:
891:
881:
875:
869:
862:
860:
854:
853:
851:
850:
845:
839:
833:
826:
824:
820:
819:
813:
811:
810:
803:
796:
788:
782:
781:
775:
762:
756:
741:
740:
731:
722:
713:
693:
684:
668:
654:
645:
631:
619:
607:
598:
589:
580:
566:
557:
537:
525:
504:
502:
499:
433:
428:
402:actio depositi
388:actio depositi
343:
338:
252:
247:
213:Roman republic
165:
160:
158:is not known.
116:res corporalis
88:
85:
67:(deposit) and
24:
14:
13:
10:
9:
6:
4:
3:
2:
927:
916:
913:
911:
908:
907:
905:
889:
885:
882:
879:
876:
873:
870:
867:
864:
863:
861:
859:
855:
849:
846:
843:
840:
837:
834:
831:
828:
827:
825:
821:
817:
809:
804:
802:
797:
795:
790:
789:
786:
778:
776:0-19-876063-9
772:
768:
763:
759:
757:0-19-927607-2
753:
749:
744:
743:
735:
732:
726:
723:
717:
714:
708:
706:
704:
702:
700:
698:
694:
688:
685:
679:
677:
675:
673:
669:
663:
661:
659:
655:
649:
646:
640:
638:
636:
632:
626:
624:
620:
614:
612:
608:
602:
599:
593:
590:
584:
581:
575:
573:
571:
567:
561:
558:
552:
550:
548:
546:
544:
542:
538:
532:
530:
526:
520:
518:
516:
514:
512:
510:
506:
500:
498:
495:
494:right of sale
491:
487:
483:
478:
476:
472:
468:
464:
460:
456:
455:
450:
446:
441:
439:
432:
429:
427:
425:
421:
416:
410:
405:
403:
399:
395:
394:
389:
385:
384:wear and tear
381:
377:
373:
369:
364:
362:
361:
355:
351:
350:
342:
339:
337:
335:
331:
327:
323:
319:
315:
311:
310:
305:
301:
297:
293:
289:
285:
281:
277:
272:
270:
265:
260:
259:
251:
248:
246:
244:
238:
236:
232:
228:
224:
220:
219:
214:
210:
209:stricti iuris
206:
201:
199:
195:
191:
190:
185:
181:
177:
173:
172:
164:
161:
159:
157:
156:
151:
147:
143:
139:
135:
131:
129:
125:
121:
117:
113:
109:
105:
101:
97:
93:
86:
84:
82:
78:
72:
70:
66:
62:
58:
54:
50:
46:
42:
38:
34:
30:
19:
829:
766:
747:
734:
725:
716:
687:
648:
601:
592:
583:
560:
489:
485:
481:
479:
474:
466:
462:
458:
452:
448:
444:
442:
437:
435:
430:
419:
408:
406:
401:
397:
391:
387:
379:
375:
371:
367:
365:
358:
347:
345:
340:
333:
329:
321:
317:
307:
299:
295:
291:
287:
283:
282:(care) of a
279:
275:
273:
268:
263:
256:
254:
249:
242:
239:
237:completely.
234:
230:
226:
222:
216:
208:
204:
202:
197:
187:
183:
180:lex Poetalia
175:
169:
167:
162:
153:
145:
141:
137:
132:
127:
115:
111:
107:
103:
99:
95:
90:
80:
76:
73:
68:
64:
60:
56:
55:identifies:
48:
32:
26:
888:Lex Aquilia
360:furtum usus
318:in personam
314:Lex Aquilia
309:actio furti
904:Categories
842:Stipulatio
836:Consensual
501:References
424:usucapting
420:vindicatio
415:sequestrio
372:Culpa lata
368:culpa lata
304:act of God
280:diligentia
269:commodatum
264:commodatum
258:commodatum
250:Commodatum
231:stipulatio
227:stipulatio
218:stipulatio
189:ius civile
184:commercium
150:praetorian
128:stipulatio
120:consensual
104:commodatum
77:stipulatio
71:(pledge).
61:commodatum
37:consensual
910:Roman law
823:Contracts
816:Roman law
349:depositum
341:Depositum
300:vis maior
233:replaced
205:condictio
146:bona fide
108:depositum
92:Justinian
65:depositum
53:Justinian
29:Roman law
486:custodia
454:traditio
296:Custodia
292:custodia
194:fungible
878:Iniuria
848:Literal
467:Fiducia
459:Fiducia
445:fiducia
393:infamia
354:deposit
880:
874:
872:Rapina
868:
866:Furtum
858:Delict
844:
838:
832:
773:
754:
475:pignus
471:empire
463:pignus
449:pignus
438:pignus
431:Pignus
352:was a
326:delict
322:furtum
243:Mutuum
235:mutuum
223:mutuum
198:mutuum
171:mutuum
163:Mutuum
142:mutuum
112:pignus
100:mutuum
69:pignus
57:mutuum
18:Mutuum
380:dolus
376:dolus
176:in re
138:in re
134:Gaius
96:in re
81:in re
49:in re
45:Gaius
33:in re
830:Real
771:ISBN
752:ISBN
148:and
122:and
110:and
27:In
906::
696:^
671:^
657:^
634:^
622:^
610:^
569:^
540:^
528:^
508:^
477:.
457:.
436:A
363:.
346:A
294:.
255:A
168:A
140::
106:,
102:,
890:)
886:(
807:e
800:t
793:v
779:.
760:.
20:)
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