Consent in contracts

Summa of Moral Theology (Summa Theologiae Moralis)

Hieronymus Noldin, S.J. — 14 passages

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Fourth. On Contracts, Question First. On Contrac…, Article Third. On Capable …, Section 2. On the Vices of Consent, nn. 534, 535, 536 & 537 (4 passages — hover a number to read it)

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Fourth. On Contracts, Question First. On Contrac…, Article Fifth. On the Cause of Consent, n. 538 — 538. What and of how many kinds it is. 1. The cause of a contract or of consent is called the reason because of which one transfers a right to another. This cause in gratuitous contracts is the will of doing good; in one… Read in context →

Vol. III, Book Eight. On Matrimony., Question Seven. On Matrimo…, Article One. On the Nature and Properties of Consent., nn. 625, 626, 627, 628, 629, 630, 631, 632 & 633 (9 passages — hover a number to read it)

A Manual of Moral Theology for English-Speaking Countries

Thomas Slater, S.J. — 5 passages

Vol. I, Bk. VII, Pt. I, Chapter II. On Consent, nn. 1, 2, 3, 4 & 5 (5 passages — hover a number to read it)

Manual of Moral Theology (Manuale Theologiae Moralis)

Ludovicus Wouters, C.SS.R. — 3 passages

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § IV. On the Intrinsic Form of Contract, or on Consent, n. ¶1 — The very nature of contract sufficiently signifies the necessity of consent, and of consent furnished by each party and simultaneous (n. 828). Hence the following do not suffice: 1° interpretative consent, that is, conse… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § V. On the Extrinsic Form of Contract, nn. 843 & 844 (2 passages — hover a number to read it)

Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.

Jean-Pierre Gury, S.J.; notes by Antonio Ballerini, S.J. — 18 passages

Vol. I, Treatise On Contracts, First Part. On Contracts i…, Ch. I, Article III. On the Required Consent, n. ¶1 — 1. Its endowments; 2. the opposed vices.Read in context →

Vol. I, Treatise On Contracts, First Part. On Contracts i…, Ch. I, Art. III, § I. On the Endowments of Legitimate Consent, nn. 772, 773 & 774 (16 passages — hover a number to read it)

Vol. I, Treatise On Contracts, First Part. On Contracts i…, Ch. I, Art. III, § II. On the Vices Opposed to Consent, n. ¶1 — The principal ones are error, fraud, force, and fear, which are reduced to error and fear . It is wholly due to the study of brevity in the Compendium that the Author said all these things are to be reduced to error and … Read in context →

Manuale Theologiae Moralis

Dominic M. Prümmer, O.P. — 5 passages

Vol. II, Tr. XI, Sect. I, Q. IV, Ch. I, Art. II, § 3. On Legitimate Consent, nn. ¶45, 255, 256, 257 & 258 (5 passages — hover a number to read it)

Institutiones Morales Alphonsianae

Clement Marc, C.SS.R. — 14 passages

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Ch. I, Art. II, § 3. ON THE CONSENT OF CONTRACTING PARTIES, nn. ¶1, ¶2, ¶1044, ¶3, ¶1045, ¶4, ¶1046, ¶1047, ¶5, ¶1048, ¶1049, ¶1050, ¶1051 & ¶1052 (14 passages — hover a number to read it)

Theologia Moralis Sancti Alphonsi: Reduced into a Compendium

Anthony Konings, C.SS.R. — 17 passages

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, ARTICLE III: ON THE CONSENT REQUIRED, n. ¶1 — 1° its qualities; 2° the opposed defects.Read in context →

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. III, § I. On the Qualities of Legitimate Consent, nn. ¶845, ¶846 & ¶847 (3 passages — hover a number to read it)

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. III, § II. On Defects Opposed to Consent, nn. ¶1, ¶2, ¶848, ¶849, ¶850, ¶851, ¶852, ¶3, ¶853, ¶854, ¶855, ¶856 & ¶857 (13 passages — hover a number to read it)

Summa Theologiae Moralis

Benedict Henry Merkelbach, O.P. — 20 passages

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Sect. C, Ch. I, Question Two: On Consent Required for Contract, nn. 456 & 457 (20 passages — hover a number to read it)

Christian Theology, Dogmatic and Moral, in Compendium

Daniele Concina, O.P. — 5 passages

Diss. III, Chapter III — On those who can enter upon contracts validly and lawfully; on the solemnity of law that is necessary; what firmness an oath adds to a contract; to whom restitution *in integrum* belongs, nn. I, II, III, IV & V (5 passages — hover a number to read it)

Moral Theology: A Complete Course (McHugh & Callan)

John A. McHugh, O.P., and Charles J. Callan, O.P. — 28 passages (filed under the subtopics)

Vol. I, Pt. I, Q. I, Art. 2. Acts as Human, Obstacles to Consent, nn. 40–55 (16 passages)

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Contracts, n. 1884 — Defects that Invalidate Consent. Defects that Invalidate Consent.—The defects that vitiate consent by taking away knowledge or choice render contracts either void or voidable (see 40-55). These impediments are the following: (a) error, which is a judgme… Read in context →

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Fraud in Contracts, nn. 2121 & 2122 (2 passages — hover a number to read it)

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, In Sales, nn. 2123, 2124, 2125, 2126, 2127, 2129, 2130, 2131 & 2132 (9 passages — hover a number to read it)

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Gennaro Bucceroni, S.J. — 15 passages (filed under the subtopics)

Vol. I, On Laws, IV. On the Obligation of Law, nn. 207 & 221 (2 passages — hover a number to read it)

Vol. I, On Sins and Virtues, V. On the Capital Vices, n. 324 — What are the daughters of avarice? - They are the following: 1. Hardening of heart, against mercy, by not compassionating the needy and poor, by reproaching them, by demanding debts too harshly when the debtor is not abl… Read in context →

Vol. I, On Sins and Virtues, VI. On Virtues, n. 346 — What is prudence, what are its parts, and what vices are opposed to it? R. To the first. It is a certain special virtue of the practical intellect, by which in any business occurring we know what is honorable, what shame… Read in context →

Vol. I, On the Second Precept of t…, III. On Oath, n. 563 — Does a promissory oath emitted through error or deceit oblige? - R. Negative, if the error or deceit concerns the substance of the thing; but otherwise if it affects only its accidental adjuncts, because a simple contrac… Read in context →

Vol. I, On the Second Precept of t…, IV. On Vow, n. 575 — Is a vow made through error valid? - R. Negatively, if the error concerns the substance of the thing, or substantial circumstances, or those which are principally intended, or pertain to the substance, or notably change … Read in context →

Vol. II, On the Seventh and Tenth P…, IV. On the Modes of Acquiring Ownership by Private Will, n. 943 — Do error and fraud invalidate a contract? A twofold fraud is distinguished: good fraud and bad fraud. Good fraud is nothing other than a certain skillfulness in acting, and in this sense Ulpian said that it is lawful for… Read in context →

Vol. II, On the Seventh and Tenth P…, XXIV. On Restitution from Unjust Damaging, n. 1357 — Whether from damaging there arises an obligation of restitution? A damager is called one who injures another's right, harming his neighbor in his goods, yet without becoming richer thereby. Wherefore damaging is a source… Read in context →

Vol. III, On the Particular Obligati…, IV. On Profession, n. 277 — What things are required for religious profession? - For the value of profession there is required: 1. That the person be fit for entering religion. - 2. That the one professing has completed the sixteenth year, computin… Read in context →

Vol. III, On Penance, XI. On Reservation, n. 797 — Who can absolve from reserved matters, and when? - Besides the Roman Pontiff and the Major Penitentiary, those who reserve, and those who act in their place, can absolve by ordinary right. Therefore Bishops absolve from … Read in context →

Vol. IV, On Marriage, I. On Betrothals and on the Banns, n. 921 — Are betrothals contracted through deceit giving cause to the contract void, even if the deceit is about a quality, for example riches, qualities of body or soul? This is disputed. The first opinion, sufficiently probable… Read in context →

Vol. IV, On Marriage, II. On the Nature and Properties of Marriage, n. 962 — What is to be done if someone says that he consented fictitiously? - As regards the external forum, credence is not given to him, unless from the circumstances it is clear that he was either deceived by fraud or induced … Read in context →

Vol. IV, On Marriage, III. On the Impediments of Marriage, nn. 1022, 1024 & 1026 (3 passages — hover a number to read it)

Cases of Conscience, Proposed by Cardinal de Lugo, by Fr. Beniamino Elbel, by Fr. Ioannes Petrus Gury and by Other Authors, and Resolved (Casus conscientiae)

Gennaro Bucceroni, S.J. — 23 passages (filed under the subtopics)

144. The Nature of Marriage, nn. 1, 2, 3, 4, 5, 6 & 7 (23 passages — hover a number to read it)

Compendium of Moral Theology

Aloysius Sabetti, S.J., and Timothy Barrett, S.J. — 6 passages (filed under the subtopics)

Vol. I, Tr. IX, Pt. I, Ch. II, Art. III, § I. On the Qualities of Legitimate Consent, nn. 489 & 490 (2 passages — hover a number to read it)

Vol. I, Tr. IX, Pt. I, Ch. II, Art. III, § II. On Those Things which Can Vitiate Consent, nn. ¶1, 491, 492 & 493 (4 passages — hover a number to read it)

Palladium Theologicum, Tome V: On the Virtues

Gaudentius Bontempi of Brescia, O.F.M. Cap. — 117 passages (filed under the subtopics)

Tr. II, Disputation I: On Contract…, Question II: Whether for the validity of a contract the intention of contracting, and of binding oneself, is required, nn. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 & 13 (13 passages — hover a number to read it)

Tr. II, Disputation I: On Contract…, Question III: How error, or fraud, vitiates a contract, nn. 1–28 (28 passages)

Tr. II, Disputation I: On Contract…, Question IV: How fear voids a contract, nn. 1–76 (76 passages)

Synopsis of Moral and Pastoral Theology

Adolphe Tanquerey, S.S. — 19 passages (filed under the subtopics)

Vol. III, Contracts, and the Obligat…, On the Virtue of Justice (…, Part II — Chapter I: On Contracts in General, nn. 620–638 (19 passages)