innominate contracts

Question 1

two conditions to claim performance of an innominate contract:

Answer 1

1. the performance promised by the parties must be in a synallagmatic relation - performance promised with a view torwards receiving a counter-performance (combination of DARE and/or FACERE)
2. one of the parties already made performance

Question 2

CONDICTIO CAUSA DATA CAUSA NON SECUTA

Answer 2

an action for unjustified enrichment
enables someone who is a party to an agreement not binding or not enforceable to reclaim the performance already rendered in case the other party fails

Question 3

ACTIO PRAESCRIPTIS VERBIS

Answer 3

way to enforce innominate contracts, the contractual obligations can be enforced if the claimant already performed his contractual obligations (there needs to be a prefixed agreement of the parties)

Question 4

exchange agreements

Answer 4

as money is a precondition for emptio vendito, exchange is an innominate contract.
one party establishes his claim by DARE - delivery of a thing and transferring ownership onto the other party

Question 5

aestimaterian contracts

Answer 5

• A hands over goods to B with the agreement that B is to sell them; if he does, he can keep profit and return the agreed sum to A, if he doesn’t - he has to return the item to A
• sometimes SOCIETAS if the parties act with the intention of forming a partnership

Question 6

principle of utility - examples

Answer 6

a) if the recepient is to sell an object and keep proceeds as a loan, it’s clearly in his interest so he’s liable for culpable behavior AND all possible risks
b) if the giver’s interest in selling the object is in the foreground, the recepient is only liable if he culpably causes its loss or destruction