¿Re obligamur, cum res ipsa intercedit? sobre el así llamado contrato real en modestino

Abstract

This paper deals with the issue of the broad notion of re obligari included in the libri regularum of the Roman jurist Herennius Modestinus: re obligamur, cum res ipsa intercedit. From the terms used by Modestinus seems to stem a concept of real obligation that corresponds to any obligation acquired by the delivery of a thing; that is, a notion which would essentially correspond with the modern concept of a ‘real contract’. However, careful analysis of this jurist’s work shows that his notion of re obligari was restricted to mutuum, the only case of obligatio re contracta that existed in classical Roman law.