“The texts of the Roman Law do not supply a definition of contract. The words contractus — contrahere — like ‘contract’ in English, are used in various senses, sometimes wider, sometimes narrower. Labeo gives contractus the meaning of a reciprocal obligation, such as purchase and sale, hire, partnership. But when the Romans speak of obligation arising from contract, they mean obligations arising from convention or agreement. In Roman law it was far from being the case that all agreements which might be expected to produce a legal obligation did so.” R.W. Lee, The Elements of Roman Law 285 (4th ed. 1956).
contractus
contractus (k[schwa]n-trak-t[schwa]s). [Latin] Roman law. A contract; an agreement between two or more parties, usu. to create an actionable bond between them. See CONTRAHERE.
