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This Concept Map, created with IHMC CmapTools, has information related to: 03 1 Contractus re, No counter performance is required as Gratuitous services rendered among friends and family, Form free with reqs ie Consensus, A lent to B and A gives instructions to B to pay C so B handing over money to C and mutuum est between A and C even though no direct datio where B holds money on behalf of A ito mandate and can agree that, in future, can hold as it loan eg A asks B to sell chickens at the market and proceeds to A and has exact amount of money he has to loan, Exceptions incl Ff ratifies after death of father, Unilateral contract with no additional or supplementary obligation where Doesn't fit in with nature of mutuum to add interest so have to use stipulatio, Father wanted to prohibit him from taking out more loans so Purpose not to prohibit sons from killing fathers, Theory: Contractum of meuum and teuum (mine and yours) & Done by true owner who transfers ownership of thing to borrower, Need for less formal loan to friends and family with Theory: Contractum of meuum and teuum (mine and yours), Done by true owner who transfers ownership of thing to borrower or Mutare: to turn out petty cash bc informal, Obligation only established once res transferred and No counter performance is required, Mutuum: loan for consumption where Interest had to be added with stipulatio, Only contractual duties on borrower and not on lender thus If poisoned wine leads to damages, no contractual obligation on lender for damages, Doesn't fit in with nature of mutuum to add interest so have to use stipulatio thus Stipulatio replaced mutuum because lenders wanted to add interest, Contractus re nominati ie Mutuum, B will still have to pay price to A if horse dies if B gets all the benefit and A just wants to sell horse to help but If both parties receiving a benefit, can be argued risk must be reduced or the risk must be on A - vis maior and dolus or culpa could influence, B wants to borrow money from A; A doesn't have money, but has a horse and wants to help and so gives thing. B sells the thing and uses proceeds at as a loan and pay back whatever he receives from the sale. Comes from the Arabic "muhatra" -> "to risk" where Initially only once he has sold it is there a loan w/ duty to return p.p., Handing over of a corporeal thing where Obligation only established once res transferred, Lender and borrower are the parties who Must have consensus, Exceptions incl Lender could not have known he was dealing with a filiusfamilias (gave impression he emancipated), Senatus consultum Macedonianum: loans to filiusfamilias were prohibited so If son under power of father, it is unenforceable even after father dies