What is CONSENSUAL CONTRACT?

A term derived from the civil law, denoting a contract founded upon and completed by the mere consent of the contracting parties, without any external formality or symbolic act to fix the obligation. Consensus est voluntas plurium ad quos res pertinet, simul juncta. Lofft, 514. Consent is the conjoint will of several persons to whom the thing belongs. Consensus facit legem. Consent makes the law. (A contract Is law between the parties agreeing to be bound by it.) Branch, Princ. Consensus, non concubitus, facit nuptias vel matrimonium, et consentire non possunt ante annos nubiles. 0 Coke, 22. Consent, and not cohabitation, constitutes nuptials or marriage, and persons cannot consent before marriageable years. 1 Bl. Comm. 434.

More On This Topic



Link to This Definition
Did you find this definition of CONSENSUAL CONTRACT helpful? You can share it by copying the code below and adding it to your blog or web page.
Written and fact checked by The Law Dictionary