Treatise — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
Treatise On Contracts
The science which is concerned with contracts must be judged altogether necessary, especially in our age. For commerce is practiced so far and widely everywhere on earth, and the non-liberal arts are perfected so much day by day, that judgment must very often be rendered in the sacred tribunal concerning the equity of contracts. But here especially appears the difficulty of reconciling the laws inscribed in conscience with the laws of the civil Code. Nevertheless, with God furnishing aid, as we trust, we shall proceed with such caution that, with Doctors of better note as our guides, we may incur the stain neither of untimely severity nor of excessive indulgence.
One must treat: 1. of contracts in general; 2. of contracts in species.
Within this treatise
First Part. On Contracts in Generalnn. 754–796
Chapter I. On the Requisites for Contractingnn. 756–784
- Article I. On the Matter of a Contractnn. 756–760
Article II. On the Subject of a Contractnn. 761–771
- § I. On Minorsnn. 762–765
- § II. On Wivesnn. 766–769
- § III. On the Civilly Deadn. 770
- § IV. On Interdicted Persons and Prodigalsn. 771
Article III. On the Required Consentnn. 772–784
- § I. On the Endowments of Legitimate Consentnn. 772–774
§ II. On the Vices Opposed to Consentnn. 775–784
- Point I. On Errornn. 775–779
- Point II. On Fearnn. 780–784
- Chapter II. On the Obligation of a Contractnn. 785–789
Second Part. On Contracts in Particularnn. 797–950
Section I. On Gratuitous Contractsnn. 797–880
- Chapter I. On Promisenn. 797–800
Chapter II. On Donationsnn. 801–840
Article II. On the Various Species of Donationsnn. 810–840
- § I. On Donation Among the Livingnn. 810–813
§ II. On Testamentsnn. 814–834
- § III. On Donation by Reason of Deathnn. 835–837
- § IV. On Substitution and Fideicommissann. 838–840
- Chapter III. On Commodatum and Precariumnn. 841–843
- Chapter IV. On Deposit and Sequestrationnn. 844–845
- Chapter V. On Mandate and Management of Affairsnn. 846–848
Chapter VI. On Mutuumnn. 849–880
- Article I. On the Nature of the Contract of Mutuumnn. 849–852
- Article II. On Usury, or on Profit Received from Mutuumnn. 853–855
Article III. On Titles Excusing from Usurynn. 856–880
- Appendix. On Montes Pietatisnn. 879–880
Section II. On Onerous Contractsnn. 881–950
Chapter I. On Sale and Purchasenn. 881–916
- Article I. On the Nature of Sale and Purchasenn. 881–888
- Article II. On Just Pricenn. 889–902
Article III. On the Principal Species of Salesnn. 903–916
- § 1. On Retrovendition and Mohatrann. 903–906
- § II. On Sale Under the Spear, or by Biddingnn. 907–911
- § III. On Monopolynn. 912–914
- § IV. On Sale Through Brokersnn. 915–916
Chapter II. On Society and the Triple Contractnn. 917–919
- Article I. On Societynn. 917–918
- Article II. On the Triple Contractn. 919
- Chapter III. On Lease-Hirenn. 920–926
- Chapter IV. On Exchangenn. 927–930
- Chapter V. On Censusnn. 931–935
Chapter VII. On Aleatory Contractsnn. 940–950
- Article I. On Insurancen. 941
- Article II. On Wagern. 942
- Article III. On Lot-Drawing, or Lotteryn. 943
- Article IV. On Gamenn. 944–950