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Consensualism in the History of Roman Law

Author: Mara Teodor
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM


The thesis was presented on the 3 September, 2004
Approved by NCAA on the 24 February, 2005


Adobe PDF document0.36 Mb / in romanian


The presented work is analising the whole aggregate of scientific and practical problems dealing with the eppearance and development of contracts (contracts sales, partnership, hiring` of loan services) in the history of Roman Law which arise from the agreement of the parties. It also investigates the evolution of consensus agreements in the medieval and modern law because the Roman Law greatly influenced the development of the production of commodities and the commercial activity, the improvement of the financial operations, rise and the development of free market relations in general.

The main aim of this work is to clarify a whole range of problems in which many scientists and individuals are interested. These problems are connected with the consensus contracts which embrace not only the contract of loan but also all important issues from economic law point of view.

While estimating different contracts the author pays special attention to the role of the Roman Law because it is the greatest achievement of European Law and civilization that can not be overestimated.

The novelty of the work consits in the fact that the author is the first who tries to define the main trends in the development of consensus contracts. The contract of sales becomes valid from the moment of the parties agreement not only according to the Roman Law but also in modern law.

The author emphasizes the fact that the law supported by the “good will” and “justice” i.e. by moral principles reflecting definite economic and social interests gives the Roman Law its greatest importance.

The main ideas and results presented in the given work are not only essential for the development of the history of state and law but also have a world outlook. They help to understand the importance of consensus contracts in the market economy based on private property.

The thesis may be also used as a textbook for students of law departments.