Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 Excerpt: ... paying over of money constitutes an obligation re, not litteris. We may with reason say that the arearia nomina do not create an obligation, but merely furnish evidence of an obligation previously created. 132. Consequently it is correct to say that even the peregrini are bound by nomina arearia, because they are bound, not by the entry (nomen), but by the payment, for this species of obligation belongs to the jus gentium. 133. But are the peregrini bound by nomina transcripticia? It is doubted, and with reason, for such obligations are in a certain sense creatures of the civil law. That was the opinion of Nerva. Sabinus and Cassius, however, thought that when tho entry was from thing to person, the peregrini were bound, whereas, when it was from person to person, they were not. 134. Besides, an obligation litteris appears to be contracted when a document is signed by a debtor only (chirograph), or by both debtor and creditor (sgngraph), that is to say, when any one states in writing that ho owes, or that he will give, provided there be no stipulation made concerning the matter. This species of obligation is peculiar to the peregrini. XVI. De Consensu Obligatione. I 135. In the case of purchase and sale, or letting and hiring, partnership, or mandate, the obligation is contracted by the mere agreement of the parties. 136. It is said that in all these cases the obligation is contracted by consent, inasmuch as no particular form of words or writing is required, the consent of the parties to the transaction being sufficient. Such engagements may be contracted by persons living at a distance from each other, for example, by letter or messenger; whereas the obligation verbis cannot be contracted with the absent. 137. So, in th..."
