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Justinian identifies four types of real contract – contracts in re (in a thing) – mutuum, commodatum, depositum and pignus. Common to all four was an agreement, and the delivery of a res corporalis. [1] They are in contrast to consensual and inominate contracts. [1]
How exactly an early literal contract differed from mutuum itself is not certain. [10] The literal contract was formal: any claim would be based on the written form and not any facts which had led to its creation. [11] The literal contract was, according to Gaius, a nomina transcripta, and capable of functioning in two ways.
A commodate (Latin: commodatum), also known as loan for use, [1] in civil law and Scots Law is a gratuitous loan; a loan, or free concession of anything moveable or immoveable, for a certain timeframe, on condition of restoring again the same individual after a certain time.
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