What does a consensual agreement mean?

There are many types of contracts. Today we will talk about one of them. A consensual contract is a voluntary agreement between two parties that does not require additional formalities. It should be noted that the consensual treaty appeared around the 3rd century BC.

According to experts, this type of contractwas even easier compared to the real ones. In this case, it was necessary that both sides reach a mutual consensus. If the transfer of the goods or any thing was made, not at the conclusion of an agreement, but as its performance. Thus, the consensual treaty could not be abstract, but in reality depended on certain grounds. At that time, a consensual treaty could be concluded in two ways: directly by the parties themselves or through mediators.

The subject of this agreement should be real things, which are a certain commodity and are directly in commercial circulation.

In the event that the consensual agreement was not fully executed, there were foreseen claims for the protection of the buyer (otherwise actio empti) and, accordingly, to protect the seller (otherwise, action venditi).

If you believe the experts in this field, then in those days Roman law distinguished four different types of this agreement:

• Hiring. There are three varieties of it:

Hiring services (one party - service provider -undertakes to perform certain services in favor of the other party - the service provider, which in turn must accept them and pay for the result accordingly).

Employment of work (one party in the person of the contractor must perform some work for the customer, who subsequently must not only accept it, but also pay for it).

Hiring things (one side in the person of the landlordmust provide some thing for temporary use to the other party at a predetermined fee. The tenant, in turn, must use this item, pay it and return it on time, which is also stipulated when using such an addendum as the agreement to the contract).

• The commission. According to this document, one party (the principal) instructs the other party (the attorney) to perform certain legal actions in their own interests. The attorney, in turn, is obliged to perform these actions and then transfer to the first party the results obtained.

• Purchase and sale. In this case, one party acting as a seller (otherwise a vendor), agrees to the other party (otherwise the emitter) to transfer a certain thing to the property, and the buyer, in turn, must accept it and subsequently pay it. The main elements of the above agreement were the price and the product itself.

• Partnership. At the conclusion of this agreement, two or more persons are united for the fulfillment of general economic purposes.

All the above agreements are concludedby using the agreement of the parties on the most important points of the document, regardless of the external form. Let us note that consensual contracts enjoy authority even today.

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