On the necessary nature of an unnamed contract that the transactio could have in the classical and Justinian times of Roman law

Abstract

It is not part of this work to delve into the figure of the contract in Roman Law. Nor is this paper intended to discuss the different theses provided by the science of Roman Law on the nature of the conventio and the pactum.

The discourse that I intend to propose is to use some tools that come from the same sources, specifically the alimentorum mortis causa transaction, to see to what extent this figure can contribute to shed light or provide criteria on the necessary qualification or not of the transaction as a nominated contract or nameless.

I have considered it necessary to refer previously, and in a summary way, to what the science of Roman Law has said about the possible assimilations and associations of the transaction with the contracts.