Informal Contracts

Besides the formal contracts just considered, there were some important contracts whose binding force did not at all depend upon the contracts being made in any particular form, but was based upon very different considerations. The most important of these informal contracts were the two groups of contracts known as Real Contracts and Consensual Contracts.

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Duties of Mandatary

The person requested was not bound to accept the mandate, but if he accepted it, he was bound to do what he had promised, or give it up in time to enable the mandator to act himself or get some one else. Otherwise, he would be liable to the mandator unless his failure to renounce was for some good reason, as sudden illness, a necessary journey, bad feeling between the parties, the mandator's insolvency, etc. Even though he had accepted the mandate he might renounce it, if done seasonably, provided the mandate was gratuitous. If a consideration was to be paid, the mandatary could not renounce without liability for damages. If no damage resulted there was no liability. In executing the commission given him, the mandatary was required to conform at least substantially to its terms, and to act honestly, and with as much care as a good paterfamilias . For failure in these respects he was liable to an action for damages by the mandator (actio mandati directa). He was not ...
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Marriage with Manus - Strict Marriage

In a strict sense, marriage with manus was originally the only type of marriage to receive full recognition in Roman law, the free marriage not being' attended with all the legal consequences of marriage with m-anits. In time, however, as we shall see, in Roman law, as in English law, some of the most striking consequences of marriage become obsolete, and finally the strict form of marriage disappeared and was superseded by the free marriage and the doctrine of manus became obsolete.
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The Guardianship of Minors

With respect to legal capacity, minors were divided into three classes : ( 1 ) Persons who had not yet completed the seventh year. Such a child was an infans ("incapable of speech"), and was incapable of performing any juristic act whatever. (2) Persons who had completed the seventh year but had not yet completed the twelfth year, in the case of females, or the fourteenth year, in the case of males. These were iuipuhes, the age of puberty being fixed at twelve for females and fourteen for males. The impubes were capable of some juristic acts, but were incapable of others. (3) Persons above the age of puberty but who had not completed the twenty fifth year. These were called minors (minores viginti quinque annis). There were two stages in the guardianship of minors cor- responding with the age of the minor. The guardianship of minors under the age of puberty was called tvJela impuherum, and that of minors above the age of puberty and under twenty-five was cal...
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