Contrahere obligationem in classical roman law

Abstract

This paper intends to demonstrate that it is a mistake to equate the Latin syntagm contrahere obligationem to the modern idea of concluding a contract, phenomenon that entails the formation of a false retrospective construction due to the anachronistic use of a modern dogmatic concept applied to the Roman legal experience. In classical Roman law, the phrase contrahere obligationem referred to the lawful and specific activity carried out by an agent in order to give rise to an obligation, meaning, regarding him, the causa obligationum.