The real contract in Roman law isan agreement at the conclusion of which one of the parties transferred another particular thing. This specific form of the contract was to some extent a guarantee - the obligations did not arise until the property was transferred from side to side.
Unlike simple informal agreements,The real contract is not an abstract pact. The agreement comes into force if there is a certain basis, and provides for the person's obligation to return the property he received earlier from another person.
A pledge, a luggage, a loan, a loan are all real contracts.
The most common was a loan.This agreement was a unilateral commitment. In accordance with this, a sum of money or a thing was transferred to one side, which, after a certain period, this party pledged to return. This obligation entered into legal force only from the moment of transfer of property after the concluded agreement. Along with this, the parties' agreement was an integral condition of the contract being drawn up (there is no agreement without an agreement).
The loan assumed the transfer of the property in the property from the creditor to the debtor. This gave the latter the right, having become the owner of the transferred property, to dispose of it at his own discretion.
The loan, as a real contract, provided forspecific deadlines for the fulfillment of obligations. At the same time, the contract could be terminated on demand from the lender. As such, the loan did not presume interest on the transferred amount. However, this practice was quite common and represented a verbal agreement on interest. So, for example, in the era of Justinian the maximum interest rate on the loan was 6% per year. The system of calculating interest was also applied in case of a delay in the obligation.
The loan granted a greater legal power to the lender.In this case, the borrower was actually dependent on the lender. Due to the fact that the first needed money, the second could dictate their terms. The loan system had some features. For example, a creditor could order a debtor to pay money to a third party. In this case, the latter becomes the debtor of the former.
A real contract that presupposed a royalty-freetransfer to temporary use from one person to another thing, was called a loan. The main difference between this agreement and the loan was gratuitousness. In this case, the obligation was built on friendly relations between the parties.
A loan is a bilateral real contract.Under the terms of this agreement, the borrower had the right to recover expenses related to the improvement or maintenance of the property taken. This could have been done by filing a counterclaim. Along with this, the person who transferred the thing (the lender) could demand the return of the property before the deadline stipulated in the agreement.
Loan obligations ceased when the borrower returned the property transferred to him.
The real contract in the Roman law was considered andstorage agreement. This contract provided for a bilateral commitment. It presupposed the transfer of movable property for storage with the establishment of a time limit or on demand. After the expiration of the period specified in the agreement, the thing was returned to the owner.
Согласно этому договору принимающий на хранение man did not use property, but only carried out his maintenance and provided security. As a rule, as an object of the agreement, there was an individual-specific thing.
The contract of storage was based on friendlyand was free of charge. However, with the help of the suit, the person who took possession of the property could recover damages from the transferor, in case the latter caused the first loss, depositing a "substandard thing". In connection with the gratuitousness of the agreement, the bailiff did not bear responsibility for the insufficiently careful storage of the thing. Together with this, he was obliged not to cause intentional damage and not allow careless storage of property.
