A contract is only valid if the agreement is consensual, legal and supported by a value proposition. It must also be carried out by sufficiently old and mentally capable parties to understand and respect the terms of the contract. Otherwise, it is not valid. Comments on this subject: (1) A sale of an item at a price to be determined by a third party is valid if the person sets a price. (2) The price must be indicated in cash, otherwise the contract is a permutatio contract. This was the point of view of the Proculans, the Sabines considered it a venditio. An amicable contract is based on the simple unanimous consent of the interested parties and does not need to be implemented by an official procedure.3 min read These contracts were concluded by the simple consent of the parties, without any written or formal obligation or even the presence of the parties. These treaties were bilateral, that is, they bound both parties to them. These treaties depended on the ius gentium for their validity and were applied by Praetorian trials, bonae fidei, and not by trials stricti juris, as well as by treaties that depended on the classical ius civile of Rome.

The term “consensual” does not mean that the consent of the parties is given more emphatically than in other forms of agreement, but it does indicate that the obligation in such contracts is immediately attached to consensus. [2] Under state and federal law, a valid contract is enforceable and has all the necessary elements. A valid contract has two basic elements: offer and acceptance. One party offers the contract outlining its terms and the other party agrees (usually in writing). Sometimes it takes time for the other party to agree because acceptance is the end point of the negotiation process, which can take some time. [Physiol.] Excited or caused by sensation, sympathy or reflex action and not by conscious will; like, consensual applications. The contract of sale between civilians is an example of an amicable contract, because as soon as there is an agreement between the seller and the buyer on the thing and the price, the seller and the buyer have mutual actions. On the contrary, with a loan, there is no action on the part of the lender or borrower, although there may have been consent until the thing is delivered or the money is counted. This is a real contract within the meaning of civil law.

Consensu[1] or obligatio consensu[2] or obligatio consensu contracta[3] or obligations ex consensu[4] or contractus ex consensu[5] or contracts consensu[6] or consensual contracts[2] or obligations by consent[4] are in Roman law contracts that do not require formalities. This is a rental for rent. This contract is very similar to that of emptio venditio: it was concluded by the simple consent of the parties, according to which the letter had an actio locati for recruitment, while the tenant`s recourse was the actio conducti. The purchase contract is concluded with the consent of the parties; Subsequently, the item sold takes place at the risk and peril of the buyer, who has also obtained the benefit of a possible increase in the item. A daily example of a consensual contract is the purchase and sale contract. Because the moment the seller and buyer agree on a price for an item to sell or buy, the seller and buyer have mutual shares. However, this is slightly different when it comes to loans and borrowings, as no action is taken until the borrowed item or the amount of money is handed over. There may have been only one approval. If the terms of the mandate are exceeded, the mandate is responsible only for what is authorized by the mandate.

If the price was less than half the value of the item sold, the seller may terminate the contract unless the buyer has agreed to compensate for the defect. This was called laesio enormis (or laesio ultra dimidium). The following contracts cannot be properly classified as examples of locatio conductio: A mandate can only benefit the client. For example: a mandate given from A to B to buy an estate or to do business for A or for the benefit of the agent and the client. For example: A mandate from a debtor to a creditor that allows him to settle a debt owed to the first. Thus, the debtor gets what he is entitled to, and the creditor has two people from whom he can ask for his money. Or for the benefit of a third party; for example, when A manages B`s affairs in the execution of a C mandate. Or for the benefit of the agent and a third party: for example, if A B borrows money on the basis of interest in the exercise of a mandate with C. However, a mandate given solely in favour of the mandate is considered to be the mere council of the mandate (or magis consilium est quam mandatum).

[16] A void contract cannot be performed under federal and state law. If someone is hired by an employer and the terms and conditions of employment contain illegal job descriptions, this is an example of an invalid contract. Such a contract is void because it violates the law and does not comply with the elements of a valid contract. Societas is partnership. A partnership may be established either universally, if all the assets of the contracting parties are included in the company, or for a specific company. Although the services were provided free of charge under the contract, the receiving party was free to provide the other party with a fee for its services. [17] This word is used to refer to a type of contract known in civil law.3 min read This word is used to refer to a type of contract known in civil law; These contracts derive their name from the consent of the parties necessary for their formation, since they cannot exist without this consent. The actual transfer of ownership of the item, i.e.

the distinguished transfer of the contract, was completed by the handing over of legal possession of the item to the buyer. Nowadays, it is sometimes considered more philosophical to say that an alliance is a formal treaty that survives alongside the ordinary consensual contract, just as it happened in Roman law. If one man agrees to make certain items for another, it boils down to emptying venditio when he supplies the materials, but if the materials are provided by the other, then the contract is a locatio. [11] In Roman law, there was an amicable contract in four forms, in which only informal consent was sufficient. They are: Consensual contract (law), a contract formed only by consent, such as a marriage contract. The institutes of Justinian classify the following contracts as ex consensu: emptio venditio, locatio conductio, societas and mandatum. [7] These contracts are void from the outset and neither party is bound by their terms. Think of such a contract as one that is not recognized by law and can never be enforced because it lacks the elements of a valid contract. .