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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Real contracts in Roman law ： ウィキペディア英語版 Real contracts in Roman law In Roman law, contracts could be divided between those ''in re'', those that were consensual, and those that were innominate contracts in Roman law. Although Gaius only identifies a single type of contract ''in re'', it is commonly thought that there were four, as Justinian identifies: ''mutuum'' (loan for consumption), ''commodatum'' (loan for use), ''depositum'' (deposit) and ''pignus'' (pledge). Each varied about the expected standards of care, transfer of ownership, and other practicalities stemming from the purpose of each. They all involved the delivery or a physical thing, which is a defining characteristic. They were generally supplemented by the ''stipulatio'' and inominate contract, which allowed additional provisions such as interests to be added to contracts ''in re'' making them more suitable for commercial applications. ==General features== 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''.〔 They are in contrast to consensual and inominate contracts.〔 Real contracts were of limited significance, although they are featured prominently in the works of jurists. If a ''stipulatio'' had to be created to cover any interest, then it could be used to cover the other elements of the transaction as well.〔 Gaius, however, only mentions one type of contract ''in re'': ''mutuum''. The others certainly existed in Gaius' time.〔 The other three can be distinguished insofar as they are different from traditional concepts of debt from which real contracts developed, are bilateral, do not transfer ownership, are ''bona fide'' and praetorian in nature. Gaius can therefore be seen as writing at a developing time in the law, although why the others are not mentioned at all in the ''Institutes of Gaius'' is not known.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Real contracts in Roman law」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.