The Roman Law of Contracts. An Overview

Abstract

The law of obligations is one of the most significant contributions of Roman law to legal culture, and it has illuminated the civil law tradition more than any other branch of Roman law has. Our modern legal framework regarding the law of obligations has been unquestionably shaped by Roman concepts, rules, and institutions. The very idea of obligation and contract, the duality of contract/delict, the different categories of liability, the balance between formalities and consent, among other things — these have constituted fundamental elements of most of the legal systems in both the civil and the common law traditions.

Keywords: contract, obligation, Roman law, delict, civil law tradition