Excerpt from Roman Private Law, Vol. 2: In the Times of Cicero and of the Antonines
Gaius, who is followed by Justinian in his Institutes, divides obligations into two classes, according as they arise ex contractu or ex delicto. Obligations from contract arise in four ways; re, verbis, litteris, consensu1. Contracts arising re are divided by Gaius, in his book of 'Golden things,' from which extracts appear in the Digest (xliv 7), which are followed in Justinian's Institutes, into four; mutuum, commodatum, depositum, pignus. Consensual contracts are also divided into four; emptio venditio, locatio conductio, societas, mandatum. Finally obligations ex delicto are also four; furti, bonorum raptorum, damni injuriae, injuriarum. The symmetry of these four groups of four excites suspicion of their artificial character, and we are not surprised to find that Justinian (following Gaius' Aurea) has to add another division consisting of obligations quasi ex contractu; viz. negotiorum gestorum, tutelae, communi dividundo, familiae erciscundae, legati, indebiti (a motley collection); and another of obligations quasi ex delicto; viz. litem suam fadendi, dejecti effusive and recepti (against innkeepers, etc.).
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