Restriction on Assignment

In order to put a stop to the oppression of debtors by the purchase of debts for less than their amount, it was enacted during the later Empire that the transferee of a debt should be permitted to recover from the debtor no more than he had paid for the debt to the transferer, with lawful interest.

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Mutuum (Loan for Consumption)

The contract of mutuum was a loan of fungibles, that isi of articles that are consumed in the using. It arose whenever one person delivered to another things dealt in by weight, measure, or number, such as oil, wine, corn, money, bronze, silver, or gold, with the intention that the transferee should become the owner of the things delivered, subject to an obligation on his part to return, not the identical things received, but others of the same kind, quality and amount. Mutuum, unlike the other real contracts, was a stricti juris negotium . The action to which it gave rise and by which the borrower was forced to make return was condictio certi . Mutuum was a gratuitous loan. The buyer was required to return only the exact amount of property (oil, money, etc.) that he had received, even though guilty of delay in making return. Even in the case of a loan of money interest could not be recovered on the contract of mutuum. How Made. The contract was made by the simple del...
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Partnership (Societas)

A partnership in Roman law was an association of two or more persons under a contract by which they combine their property, or their labor, or their property and labor, with a view of sharing their common gains. The term does not seem tohave been defined by the Roman writers. The Roman partnership, like the English, involved the sharing of profits and losses. In the absence of special agreement on the subject, an equal sharing of both profits and losses was understood. It might be agreed, however, that the shares should be unequal, as that one of two partners might receive two-thirds, and the other only one-third, of profits and bear losses in the same proportion, or that one partner might take two-thirds of the profits and bear only one-third of the losses, though this last point was decided only after some difference of opinion. And one partner might take a share of the profits without bearing any of the losses. Profit sharing in some proportion seems to have been essen...
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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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