ON PACTS

THESIS I.

A pact, whose synonyms are "paction" and "convention," is rightly defined in its general signification as the consensus of two or more persons upon the same agreement.

II.

This is either public or private. It is called public which is made by a prince or a leader of war for the sake of public utility.

III.

Private, however, is that which is made by private persons concerning individual matters.

IIII.

This is either of the law of nations (ius gentium) or legitimate. Legitimate is that which has received force and strength from the civil law. That of the law of nations is what has been introduced and approved by the law of nations.

V.

This is either named or unnamed. Named is that which has obtained a specific name from the laws. Unnamed is that which lacks a specific name.

VI.

A pact taken in a specific sense, with which we are here concerned, which is called a "naked" (nudum) pact, is an agreement having no certain name, nor a cause.

VII.

Whence it is evident that unnamed contracts—"I give so that you may give," "I give so that you may do," etc.—cannot be called contracts before the thing has been delivered or the cause of mutual obligation has supervened; rather, it is merely a naked pact.

VIII.

This can be called either tacit or express. Express is that which has the express consent of the contracting parties. Tacit is that which, from the presumed will of the contracting parties...