consensual contract

In Roman law, obligations were primarily categorized into delict (a wrongful act) and contract. While early Roman law had limited contract concepts, by the classical period, four main types of contracts were recognized: literal, verbal, real, and consensual.1

• Literal contracts were based on entries in account books and were of minor importance.1
• Verbal contracts required specific spoken words, with the stipulatio being a key example where an agreement was made binding through a question-and-answer format.1
• Real contracts involved the transfer of something from one party to another, with the obligation to return it, such as loans or deposits.1
• Consensual contracts required only an agreement between parties and were crucial for daily life, including sale, hire, partnership, and mandate.1

Roman law also recognized quasi-delicts and quasi-contracts, addressing situations that didn't fit neatly into the main categories. The revival of Roman law significantly influenced the development of contract law in civil law systems, emphasizing the binding nature of agreements.12