Legal Definitions - contrahere

In Roman law, contrahere refers to the act of performing something that creates legal effects, obligations, or relationships. It encompasses a broad range of actions that have legal significance, from entering into agreements to committing wrongs or formally accepting rights.

Here are some examples to illustrate the concept of contrahere:

• Example 1: Forming a Business Partnership

  Imagine two entrepreneurs, David and Maria, decide to launch a tech startup together. They draft and sign a detailed partnership agreement that outlines their respective roles, financial contributions, profit-sharing arrangements, and decision-making processes. By formally executing this agreement, David and Maria are said to contrahere a business partnership.

  This illustrates contrahere because they are establishing a formal legal relationship through mutual agreement, creating specific rights and obligations for each partner under the law.

• Example 2: Committing a Legal Wrong

  Consider a situation where an individual, Sarah, knowingly spreads false and damaging rumors about a competitor's business, causing the competitor to lose significant contracts. Sarah's actions constitute defamation, which is a civil wrong (a tort).

  In this context, Sarah's act of defaming her competitor could be described as contrahere a legal wrong. Her actions have legal significance because they create an obligation for her to potentially compensate the competitor for damages, and they could lead to a lawsuit.

• Example 3: Accepting an Inheritance

  After her aunt's passing, Lisa is named as the sole beneficiary of a substantial estate in the will. Lisa reviews the will and formally notifies the executor that she accepts the inheritance, which includes a house, investments, and personal belongings.

  Lisa's formal acceptance of the inheritance is an act of contrahere. By doing so, she legally takes on the ownership of the assets and any associated responsibilities (like property taxes or debts of the estate), thereby performing an act of significant legal consequence that changes her legal status regarding those assets.