The Origins and the Division thereof.

G. 3.89-91:the 3 rd category foundFirst let us consider those that arise from contract. Of such there four kinds:for an obligation by contract arises either by a thing (re), by words (verbis), byletters (litteris), or by (simple) consent (consensu). A real obligation iscontracted, for instance, by conveyance on loan for consumption. such acontract takes place properly in the case of things that are reckoned byweight, number, or measure – such things as money, wine, oil, corn, bronze,silver, gold (...). 91. he too who receives what is not due to him from one whopays in error comes under a real obligation. For the condictio with the pleading‘if it appear that the defendant is bound to give’ lies against him precisely as ifhe had received the payment by way of loan (...) This sort of obligation,however, appears not to be founded on contract, because one who gives withintent to pay means to untie rather to tie a bound. (quia is qui solvendi animo dat,magis distrahere vult negotium quam contrahere).Sunday, 30 May 2010