Treatise — Bontempi, Palladium Theologicum V · from Schola Thomistica
Treatise II: On Contracts
Contents
- Prologue
Disputation I: On Contracts in General
- Question I: What a contract is, and of how many kinds
- Question II: Whether for the validity of a contract the intention of contracting, and of binding oneself, is required
- Question III: How error, or fraud, vitiates a contract
- Question IV: How fear voids a contract
- Question V: On conditional contracts
- Question VI: On the obligation that results from a valid contract
- Question VII: Which persons can enter into a contract, and which cannot
- Question VIII: Whether, and when, it is lawful to withdraw from a contract, the other party objecting
Disputation III: On Promise
- Question I: What a promise is, and how it differs from a donation
- Question II: Whether a simple promise, once accepted, binds in justice
- Question III: Whether a merely internal promise, made to a man, binds
- Question IV: Whether an external promise binds before it is accepted
- Question V: Whether a promise binds when made for a base cause
Disputation V: On Buying and Selling
- Question I: What buying and selling are
- Question II: Which persons can buy, and sell
- Question III: Which things can be sold
- Question IV: Of how many kinds is the price of things
- Question V: Whether, for certain causes, it is lawful to reduce below the minimum price, or raise above the maximum
- Question VI: Whether on account of ceasing profit, or emerging loss, the price can be raised above the maximum
- Question VII: Whether it is lawful to sell above the highest price when payment is deferred, rather than for ready money
- Question VIII: Whether the contracts called stocolia and barocolia in Italian, and mohatra in Spanish, are lawful
- Question IX: To what extent buying and selling in monopolies is unlawful
- Question X: Whether the seller is bound to disclose a grave defect of the thing
- Question XI: Whether a thing sold, not yet delivered, perishes to the buyer
- Question XII: On the rescission of a sale and purchase on account of fraud, etc.
- Question XIII: Whether a sale with a pact of repurchase is lawful
Disputation VI: On the Loan and Usury
- Question I: What a loan and usury are, and why usury is a sin
- Question II: Whether it is usury to lend so that, when I have need, you lend back to me, or buy from me at a just price
- Question III: Whether it is lawful to lend on the pact that the borrower confer an office or an ecclesiastical benefice
- Question IV: Whether it is usury to receive beyond the principal any other emolument whatever besides money
- Question V: Whether the lender can receive anything on account of risk and ceasing profit, and what
- Question VI: Whether it is lawful to lend wheat, or something else, with the pact that it be restored in the same measure, even if the price has risen at the time of restitution
- Question VII: Whether, and how, gain acquired from usury is to be restored
- Question VIII: Whether it is lawful to seek a loan from a usurer
Disputation VIII: On Exchange
- Question I: What exchange is, and of how many kinds
- Question II: Whether in petty exchange it is lawful to take something above the value of the coin fixed by law
- Question III: Whether in local exchange, that is, by letters, when the banker receives first in order to repay elsewhere, he may make some gain
- Question IV: Whether exchange is lawful when the banker's agent answers for the banker with the banker's own money
- Question V: Whether so-called re-exchanges are lawful only on account of ceasing profit or emerging loss
- Question VI: Whether the payments and commissions that bankers receive are lawful
Disputation IX: On the Contract of Partnership
- Question I: In what the contract of partnership consists, and what is required that it be just
- Question II: Whether, and how, other contracts can be united with the contract of partnership
- Question III: Whether a contract by which, the capital being secured, a certain fixed gain is received each year is lawful
Disputation XI: On Testaments
- Question I: What a testament is, and of how many kinds
- Question II: What solemnity is required for a testament, closed and open
- Question III: Who can and ought to make a testament, or be instituted heirs
- Question IV: Whether an heir instituted in a testament invalid at civil law through defect of solemnity can take the inheritance in the forum of conscience, despoiling the heir who succeeds on intestacy
- Question V: In what ways a testament is revocable
- Question VI: What obligation heirs instituted by testament undertake
Disputation XII: On Legacies
- Question I: What a legacy is, and of how many kinds
- Question II: Whether legacies ought to be paid to all those for whom they are made, and how
- Question III: Which things can be bequeathed
- Question IV: What a pious, or privileged, legacy is
- Question V: In what ways legacies lapse, so that the heir is not bound to pay them