Introduction to Roman Contract Law

Abstract

The Introduction surveys the development of Roman contract law through the Edict of the Urban Praetor and the writings of the Roman jurists. Emphasis is particularly on three concepts central to the overall architecture of Roman contract law: consensus (agreement); bona fides (good faith); and, to a more limited extent, causa (cause or reason for contracting). The law of contracts is placed in the more general framework of obligation and debt. This rich intellectual heritage relates directly to the character of the Roman economy as it developed from the archaic period to the Empire. Finally, the introduction discusses late imperial handling of Roman contract law.