Brill’s New Pauly

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(331 words)

[German version]

is the unanimous will of the parties of a contract ( contractus ). In Roman law it was the basis of the binding character of buying ( emptio venditio ), contracts of lease, work and employment ( locatio conductio ), of commission ( mandatum ) and association ( societas ). The ‘invention of’ consensus as the central element of a system of civil law is one of the ‘grandest juridical achievements, and one of the most influential for further development’ [1. 180]. The liability resulting from consensus necessitates neither a specific form nor an advance nor perfo…

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Schiemann, Gottfried (Tübingen), “Consensus”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 29 January 2022 <>
First published online: 2006
First print edition: 9789004122598, 20110510

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