pactus
law history
Quick Summary
In Roman law, a pactum was an informal agreement that was typically not legally enforceable. However, certain types of pacta could be made legally binding through specific actions or pronouncements.1
- Pactum vestitum: This was an informal agreement that became legally enforceable due to an official act.2
- Pactum legitimum: This was a pactum vestitum that was made enforceable by an imperial constitution.3
- Pactum illicitum: This referred to an unlawful agreement or one that was contrary to public policy.4
These agreements were distinct from more formal contracts like the stipulatio, which involved a specific question-and-answer format. The term "pact" itself generally refers to a compact or treaty, especially an international one.56
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