Contractus Civiles

In Roman law. Those contracts (e. g., venditio) which were actionable either in virtue of the old common law, or by virtue of any particular statute. They were opposed to the contractus praetorii which were actionable only I through the aid of the praetor, who, for that purpose, had to adopt the existing legal forms of actions. CONTRACTUS EST QUASI ACTUS CONtra actum. A contract is, as it were, act against act. 2 Coke, 15.

In Roman law. Civil contracts. Those contracts which were recognized as actionable by the strict civil law of Rome, or as being founded upon a particular statute, as distinguished from those which could not be enforced in the courts except by the aid of the prætor, who, through his equitable powers, gave an action upon them. The latter were called "contractus prœtorii." Contractus est quasi actns coutra actum. 2 Coke, 15. A contract is, as it were, act against act Contractus ex turpi causa, vel coutra bonos mores, nullus est. A contract founded on a base consideration, or against good morals, is null. Hob. 167. Contractus legem ex conventione accipiunt. Contracts receive legal sanction from the agreement Qf the parties. Dig. 16, 3, 1, 6.

Defined under Contractus in Black's Law Dictionary.