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Verbal contracts (contractus verbis)were contracts that were created by the use of certain formal words (verbis solemnibus).

One of the earliest known contracts of this kind was sponsio: a question and answer format using the solemn verb spondere (spondesne?: do you solemnly promise?—spondeo: I solemnly promise).

Sponsio is believed to have had a religious origin (it probably began as an oath) and was always confined to Roman citizens. Later this contract became secularised and superseded by the stipulatio, one of the most important juristic acts known to Roman law. Both sponsio and stipulatio were institutions of the ius civile and therefore negotia stricti iuris. This meant that in terms of validity only the formalities were significant, whilst the question whether agreement (consensus) had been reached between the parties was irrelevant. However, by the late classical age consensus had become an essential element of the verbal contracts.[718]

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Source: Mousourakis G.. Fundamentals of Roman Private Law. Springer, 2012.— 366 p.. 2012

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  3. 3 THE FORMAL CONTRACTS
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  5. Verbal Contracts
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  7. Real contracts (contractus re) were agreements that became operative and binding on the transfer of possession or physical control of a tangible thing (res corporalis).
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