Page:Gaii institutionum iuris civilis commentarii quattuor, or, Elements of Roman law by Gaius (Poste, Third Edition, 1890, gaiiinstitution00gaiu).djvu/659



The following observations borrowed from Ihering are supplementary to the statements on the nature of contracts.

The contracts which in this treatise have been designated as are sometimes from a different point of view called, and an examination of the meaning of this term may throw light on the function for which Formal contracts were invented by jurisprudence and which this term expresses. The explanation of the term turns on two conceptions: the Cause of an obligation and the Form of a disposition: the cause alone needs elucidation.

A unilateral

Thus Mutuum