Formation Of The Category Of «Contract» In The Roman Private Law

Abstract

      Category «contract» has a long history of development. Modern scientific approaches to understanding the contract are based on a Roman basis. In turn, this causes a permanent interest of scientists on the study of the origin and development of this important legal institution. Couse nowadays the contract as a legal construction takes important place decisive in regulating private relations.

Category treaty is closely linked with the concept of commitment. The contract was the main basis of commitments Roman private law. It must be emphasized that the treaty system formed in Rome wearing self-contained. To void the contract was not only necessary agreement of the sides, but also compliance with a certain type of contracts.

This conservatism has led to what is known in Rome were two types of contracts: contracts and pacts. They differ in the way of protection.

Ancient Roman law were known following contractual obligations: neksum, stypulyatsiya, literally contracts. Stypulyatsiya because of its simplicity, flexibility, abstract nature was used to resolve a variety of relationships.

In general, the development of Roman contract law implemented in the following areas: expanding the range of contracts, which used limitation protection; weakened formalism in the contract; formed a complete system of contractual structures in the Roman private law.

Existing legal definition of contract today also cannot accept unconditionally. However, the relevant legal concepts may become necessary basis for furthered scientific and theoretical research in this area. Indeed, multidimensional view of the treaty will facilitate good understanding of its legal nature and importance of appropriate regulation of social relations.