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Consensual Contracts In Roman Law
Consensu or obligatio consensu or obligatio consensu contracta or obligations ex consensuGeorge Bowyer, ''Commentaries on the Modern Civil Law'' (London: V & R Stevens and G S Norton, 1848), chapter 26p 201 or contractus ex consensu or contracts consensu or consensual contracts or obligations by consent are, in Roman law, those contracts which do not require formalities. These contracts were formed by the mere consent of the parties, there being no requirement for any writing or formalities, nor even for the presence of the parties. Such contracts were bilateral, that is to say, they bound both parties to them. Such contracts depended on the '' ius gentium'' for their validity and were enforced by praetorian actions, ''bonae fidei'', and not by actions ''stricti juris'', as were the contracts which depended on the classical ''ius civile'' of Rome. The term "consensual" does not mean that the consent of the parties is more emphatically given than in other forms of agreement, but i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Temple
A temple (from the Latin ) is a building reserved for spiritual rituals and activities such as prayer and sacrifice. Religions which erect temples include Christianity (whose temples are typically called church (building), churches), Hinduism (whose temples are called Mandir), Buddhism, Sikhism (whose temples are called Gurdwara, gurudwara), Jainism (whose temples are sometimes called derasar), Islam (whose temples are called mosques), Judaism (whose temples are called synagogues), Zoroastrianism (whose temples are sometimes called Agiary), the Baha'i Faith (which are often simply referred to as Baha'i House of Worship), Taoism (which are sometimes called Daoguan), Shinto (which are sometimes called Shinto shrine, Jinja), Confucianism (which are sometimes called the Temple of Confucius), and ancient religions such as the Ancient Egyptian religion and the Ancient Greek religion. The form and function of temples are thus very variable, though they are often considered by belie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Agricultural Machinery
Agricultural equipment is any kind of machinery used on a farm to help with farming. The best-known example of this kind is the tractor. Tractor and power *Tractor / Two-wheel tractor * Tracked tractor / Caterpillar tractor Soil cultivation * Cultipacker *Cultivator (of two main variations) ** Dragged teeth (also called shanks) that pierce the soil. ** Rotary motion of disks or teeth. Examples are: Power tiller / Rotary tiller / Rototiller / Bedtiller / Mulch tiller / Rotavator *Harrow (e.g. Spike harrow, Drag harrow, Disk harrow) * Land imprinter *Plow or plough * Roller * Stone / Rock / Debris removal implement (e.g. Destoner, Rock windrower / rock rake, Stone picker / picker) * Strip till toolbar (and a variation : called Zone till subsoiler) * Subsoiler Planting * Planter * Seed-counting machine * Seed drill (box drill, air drill) * Trowel Fertilizers and pesticides dispenser * Liquid manure/slurry spreader and Liquid manure fertilizer s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landlord
A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner. The term landlady may be used for the female owners. The manager of a pub in the United Kingdom, strictly speaking a licensed victualler, is referred to as the landlord/landlady. In political economy it refers to the owner of natural resources alone (e.g., land, not buildings) from which an economic rent is the income received. History The concept of a landlord may be traced back to the feudal system of manoralism ( seignorialism), where a landed estate is owned by a Lord of the Manor ( mesne lords), usually members of the lower nobility which came to form the rank of knights in the high medieval period, holding their fief via subinfeudation, but in some cases the land ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subcontractor
A subcontractor is an individual or (in many cases) a business that signs a contract to perform part or all of the obligations of another's contract. Put simply the role of a subcontractor is to execute the job they are hired by the contractor for. It is oftentimes a specialized job such as electrical or HVAC and it is the subcontractor's responsibility to execute the work as instructed. A subcontractor (or sub-contractor) is a company or person whom a general contractor, prime contractor or main contractor hires to perform a specific task as part of an overall project and normally pays for services provided to the project. While subcontracting often occurs in building works and in civil engineering, the range of opportunities for subcontractor is much wider and it is possible that the greatest number of subcontractors now operate in the information technology and information sectors of the economy. One hires subcontractors either to reduce costs or to mitigate project risks. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Contractor
A general contractor, main contractor or prime contractor is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and the communication of information to all involved parties throughout the course of a building project. Description A general contractor is a construction manager employed by a client, usually upon the advice of the project's architect or engineer. Responsible for the overall coordination of a project, general contractors may also act as building designer and foreman (a tradesman in charge of a crew). A general contractor must first assess the project-specific documents (referred to as a bid, proposal, or tender documents). In the case of renovations, a site visit is required to get a better understanding of the project. Depending on the project delivery method, the contractor will submit a fixed price proposal or bid, cost-plus price or an estimate. The general contractor considers the cost of home office overhead, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service (economics)
A service is an "(intangible) act or use for which a consumer, firm, or government is willing to pay." Examples include work done by barbers, doctors, lawyers, mechanics, banks, insurance companies, and so on. Public services are those that society (nation state, fiscal union or region) as a whole pays for. Using resources, skill, ingenuity, and experience, service providers benefit service consumers. Services may be defined as intangible acts or performances whereby the service provider provides value to the customer. Key characteristics Services have three key characteristics: Intangibility Services are by definition intangible. They are not manufactured, transported or stocked. One cannot store services for future use. They are produced and consumed simultaneously. Perishability Services are perishable in two regards: * Service-relevant resources, processes, and systems are assigned for service delivery during a specific period in time. If the service consumer does ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indentured Servitude
Indentured servitude is a form of Work (human activity), labor in which a person is contracted to work without salary for a specific number of years. The contract, called an "indenture", may be entered "voluntarily" for purported eventual compensation or debt repayment, or it may be imposed as a Sentence (law), judicial punishment. Historically, it has been used to pay for apprenticeships, typically when an apprentice agreed to work for free for a master tradesman to learn a craft, trade (similar to a modern internship but for a fixed length of time, usually seven years or less). Later it was also used as a way for a person to pay the cost of transportation to colonies in the Americas. Like any loan, an indenture could be sold; most employers had to depend on middlemen to recruit and transport the workers so indentures (indentured workers) were commonly bought and sold when they arrived at their destinations. Like prices of slaves, their price went up or down depending on supply an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Contract
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leasehold Estate
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given length of time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Renting
Renting, also known as hiring or letting, is an agreement where a payment is made for the temporary use of a good, service or property owned by another. A gross lease is when the tenant pays a flat rental amount and the landlord pays for all property charges regularly incurred by the ownership. An example of renting is equipment rental. Renting can be an example of the sharing economy. History Various types of rent are referenced in Roman law: rent (''canon'') under the long leasehold tenure of Emphyteusis; rent (''reditus'') of a farm; ground-rent (''solarium''); rent of state lands (''vectigal''); and the annual rent (''prensio'') payable for the ''jus superficiarum'' or right to the perpetual enjoyment of anything built on the surface of land. Reasons for renting There are many possible reasons for renting instead of buying, for example: *In many jurisdictions (including India, Spain, Australia, United Kingdom and the United States) rent paid in a trade or busine ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Redhibition
Redhibition is a civil action available under Louisiana law against the seller and/or manufacturer of a defective product, similar to the lemon laws more familiar to common law jurisdictions in other U.S. states. Redhibition is one of many laws that are unique to Louisiana among U.S. states because of its tradition in French and Spanish civil law. Overview In a redhibitory action, the buyer demands a full refund or a reduction in the purchase price because the product has a hidden defect ( redhibitory defect) that prevents it from performing the task for which it was purchased. Most consumer products carry an implied warranty of merchantability. If a product is so substantially defective that the buyer would not have bought it in the first place had they known of its defects, there may be grounds for filing such a suit. It does however differ from lemon laws in a very significant way. Namely, that it applies to ''any product'' sold new or used, including real estate, whereas l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
