The nature of consensual contracts, emptio-venditio and ius commune

Abstract

Although considered to be a mixture ofcanon and Roman law, the ius commune stands out as a product of the middle Ages. Having powerful resonance of Roman law sometimes in the guise of theological concepts it offers a very blurred image of medieval society. My study is focusing on the consensual contract, its birth, evolution and applicability in different time frames. From the classic Roman law to the ius commune of the XIV century, contracts have had a steady evolution. Despite the tumultuous history of ius after the fall of the Western Roman Empire, I bring arguments to prove that Roman law has found its way into the Curia Regis of the kings of Hungary not long after its rebirth in the heart of Christianitas, and by the end of the XIV century it was a fully fledged apparatus.