ON THE IDEA OF LEGAL SYSTEM AND THE CONSTRUCTION OF A GENERAL CATEGORY OF CONTRACT IN ROMAN LAW

Abstract

This paper intends to demonstrate the underlying methodological error in the application of the systematic categories of modern legal science inherited from the German Pandectistic of the 19th century to the Roman, law, particularly, the distinction between outer and inner system. To such aim, it will be shown the lack of correlation between the contractual obligations as conceived by the Institutions of Gaius, with our modern concept of contract, based on the voluntary agreement of the parties.