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In contract law, the lex loci contractus is the Law Latin term meaning "law of the place where the contract is made". [ 1 ] [ 2 ] It refers (in the context of conflict of laws ) to resolving contractual disputes among parties of differing jurisdictions by using the law of the jurisdiction in which the contract was created.
A mutuum was a loan for consumption. [1] It was the oldest contract in re, growing in importance after 326 BC when the lex Poetalia was passed. [5] It could be used by people without the right of commercium – a package of rights to participate in the ius civile and to undertake remedies. [6]
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, those contracts which do not require formalities.
Locus in quo means, in British common law, the "scene of the event" [15] The phrase comes from the Latin language, meaning "The place in which". [16] [17] [18] In civil cases, locus in quo refers to "the place where the cause of action arose", that is, the land to which the defendant trespassed. [19]
In Mount Albert Borough Council v Australasian etc Assurance Society Ltd, it was held that, in default, the court has to impute an intention by asking, as just and reasonable persons, which law the parties ought to, or would, have intended to nominate if they had thought about it when they were making the contract. [6] But see The Assunzione. [7]
Literal contracts (contractus litteris) formed part of the Roman law of contracts. Of uncertain origin, in terms of time and any historical development, they are often seen as subsidiary in the Roman law to other forms. They had developed by at the latest 100 BC, and continued into the Late Roman Empire.
The exceptio non adimpleti contractus is a defence that can be raised in the case of a reciprocal contract.In essence, it is a remedy that allows a party to withhold his own performance, accompanied by a right to ward off a claim for such performance until the other party has duly performed his or her obligations under the contract.
The contractus trinus, contractus triplex, or simply triple contract, is a set of contracts used by European bankers and merchants in the Middle Ages, ...