Real Contract

At Common Law. A contract respecting real property.

3 Rawle (Pa.) 225.

In Civil Law. Those contracts which require the interposition of a thing (rei) as the subject of them; for instance, the loan for goods to be "specifically returned." Contracts are divided into those which are formed by the mere consent of the parties and therefore are called "consensual," such as sale, hiring, and mandate, and, those in which it is necessary that there should be something more than mere consent, such as the loan of money, deposit, or pledge, which, from their nature, require the delivery of the thing, whence they are called "real." Poth. Obi. p.

1, c. 1, § 1, art. 2.