Consensual Contract

In civil law. A contract completed by the consent of the parties merely, without any further act. The contract of sale, among the civilians, is an example of a consensual contract, because the moment there is an agreement between the seller and the buyer as to the thing and the price, the vendor and the purchaser have reciprocal actions. On the contrary, on a loan, there is no action by the lender or borrower, although there may have been consent, until the thing is delivered, or the money counted. Poth. Obi. pt. 1, c. 1, § 1, art. 2; 1 Bell, Comm. (5th Ed.) 435. CONSENSUS EST VOLUNTAS PLUrlum ad quos res pertinet, simul juncta. Consent is the conjoint vrill of several persons to whom the thing belongs. Lofft, 514. the parties having received their consent. Branch, Princ.

In Civil Law. A contract completed by the consent of the parties merely, without any further act. The contract of Bale, among the civilians, Is an example of a consensual contract, because the moment there Is an agreement between the seller and the buyer as to the thing and the price, the vendor and the purchaser have reciprocal actions. On the contrary, on a loan, there Is no action by the lender or borrower, although there may have been consent, until the thing Is delivered or the money counted; Pothier, Obi. pt. 1, c. 1, 8. 1, art. 2; 1 Bell, Comm. 435.

In the civil law. A contract formed by the mere consent of parties, as distinguished from a contract upon which something is delivered, as a contract of sale or bailment.

A term derived from the civillaw, denoting a contract founded upon and completed by the mere consent of the contracting parties, without any external formality or symbolic act to fix the obligation. Consensus est voluntas plurium ad quos res pertinet, simul juncta. Lofft, 514. Consent is the conjoint will of several persons to whom the thing belongs. Consensus facit legem. Consent makes: the law. (A contract is law between the parties agresing to be bound byit.) Branch. Prine. Consensus, non concubitus, facit nuptias vel matrimonium, et consentire non possunt ante annos nubiles. 6 Cole, 22. Consent, and not cohabitation, constitutes. nuptials or marriage, and persons cannot consent before marriageable yeara. 1 Ui. Comm. 434. Consensus tollit errorem. Co. Litt. 126. Consent (acquiescence) removes mistake, Consensus voluntas multorum ad quos res pertinet, simul juncta. Consent is the united will of several interested in one subject-matter. Davis, 48; Branch, Prine.

In civU law. A contract formed by the mere consent {consensu St) of the contracting parties; such as marriage. Potkier Contr. of Sale, part 1, sect. 1. Hallifax Anal, b. 2, ch. 18. Broom's Max, 214.