Consensual Contract
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
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.