WARNING:
JavaScript is turned OFF. None of the links on this concept map will
work until it is reactivated.
If you need help turning JavaScript On, click here.
This Concept Map, created with IHMC CmapTools, has information related to: 03 4 Pignus, CONTRACTUS RE INNOMINATI (WITHOUT A NAME) where Consensus and performance by one party before can go to court, Aestimatum (peddling): conditional sale (give res on sale-or-return basis) and Precarium (tenancy at will): gratuitous grant of enjoyment of land or movables (not for a fixed duration & can end at any time & grantee gets fruits & possession), Fourth type of contractus re nominate and Real contract in terms whereof pledgee has to return thing given in security to the pledger if the debt is satisfied, May not use thing otherwise furtum usus and Had to return thing plus fruits as soon as debt is satisfied, CONTRACTUS RE INNOMINATI (WITHOUT A NAME) during PCL: worked with 5th category of contracts and granted actio praesciptis verbis (action based on introductory words), Remedy of pledgor: actio pigneraticia directa but Can only enforce duties if paid or attempted pmt, Justinian decided that, because there were four categories in CL, must be four now and grouped in contractus re, but silly and artificial to do do and then 11th cent: category named contractus re innominati, but not appropriate, PCL: worked with 5th category of contracts and granted actio praesciptis verbis (action based on introductory words) but Justinian decided that, because there were four categories in CL, must be four now and grouped in contractus re, but silly and artificial to do do, Is counter- performance: not contractus re nominate but If no performance? CL 1st solution: condictio to claim back what was performed or else actio doli if can't claim back eg build swimming pool, Duties of pledgor must Reimburse all necessary expenses eg feed of horse, Nature of performance used by Polis to classify and category very wide ie 2) I give something so that you do something, Some academics argue contract of sale, but price not in money and Not contractus verbis as no specific wording and not litteris as no writing, Developed out of praetorian law, but adopted by Ius Civile and Bona fide, limited real right and imperfectly bilateral, Nature of performance used by Polis to classify and category very wide ie 4) I do something in exchange for you doing something, Precarium (tenancy at will): gratuitous grant of enjoyment of land or movables (not for a fixed duration & can end at any time & grantee gets fruits & possession) and Transactio (compromise): informal settlement of a legal action for some benefit promised, Consensus and datio required w/ Legally protected possession, Duty of care definitely at least dolus so If you give something as security and it's not effective security and you knew this (not worth enough because bronze instead of gold), then liable for damages, Sometimes had right to sell and had to repay superfluum w/ Remedy of pledgor: actio pigneraticia directa, Had to return thing plus fruits as soon as debt is satisfied but Sometimes had right to sell and had to repay superfluum, Purpose: serve as security for repayment of an existing debt so If debt satisfied, object had to be returned