The nature of contract

Summa of Moral Theology (Summa Theologiae Moralis)

Hieronymus Noldin, S.J. — 9 passages

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Fourth. On Contracts, Question First. On Contrac…, Article First. On the Nature of Contracts, nn. 523 & 524 (2 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 Sixth. On the Obligation of Contracts, nn. 539, 540, 541, 542, 543, 544 & 545 (7 passages — hover a number to read it)

A Manual of Moral Theology for English-Speaking Countries

Thomas Slater, S.J. — 13 passages

Vol. I, Bk. III, Chapter IV. The Subjects of Law, n. 4 — Particular ecclesiastical laws are made for particular countries, or provinces, or dioceses, by the competent authority, and bind all subjects living within the territories in question. One is subject to local law by hav… Read in context →

Vol. I, Bk. VII, Pt. I, Chapter I. Nature of Contract, nn. 1, 2 & 3 (3 passages — hover a number to read it)

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

Vol. I, Bk. VII, Pt. I, Chapter III. Capacity of Parties, n. 1 — By the law of nature, all persons who have the full use of reason are capable of entering into contracts. On the other hand, children who have not yet attained the full use of reason, persons of unsound mind, and those w… Read in context →

Vol. I, Bk. VII, Pt. I, Chapter IV. The Matter of Contract, n. 1 — THE subject-matter of a contract must be something that is possible, for there can be no obligation to do what is impossible. Mere inability, however, to perform what one promised must not be confounded with impossibilit… Read in context →

Vol. I, Bk. VII, Pt. I, Chapter V. Consideration and Effects of Contract, nn. 1 & 4 (2 passages — hover a number to read it)

Vol. II, Bk. IX, Chapter V. The Marriage Contract, n. 1 — Marriage may be defined as a contract between a man and a woman by which they give each other the right to exercise the acts requisite for the procreation of children, and bind themselves to live indissolubly together. L… Read in context →

Manual of Moral Theology (Manuale Theologiae Moralis)

Ludovicus Wouters, C.SS.R. — 21 passages

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § I. On the Notion and Division of Contract, nn. 828 & 829 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § II. On the Subject of Contract, nn. 830 & 831 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § III. On the Object of Contract, nn. 832 & 833 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § IV, Point I. On the Qualities of Consent, n. 834 — Consent must be internal, fully deliberated, external and intimated to the other party, and indeed by the contracting party or in his name, and finally simultaneous. It is said: I. Internal. If it is not internal, consen… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § IV, Point II. On the Obstacles of Consent, n. 835 — The obstacles of consent are enumerated: ignorance, error, fraud, and fear. Ignorance is the mere absence of knowledge concerning some thing. Error is a false judgment concerning some thing or person. Fraud is the delibe… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § IV, Point II, I. Error, nn. 836 & 837 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § IV, Point II, II. Fear, n. 838 — I. Notion. Fear is a trepidation of mind on account of a present or future danger. Thus Roman Law, L. 1, ff. Quod metus causa, IV, 2.Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § IV, Point II, Scholion. Lesion, nn. 841 & 842 (2 passages — hover a number to read it)

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)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § VI. On the Effects of Contract, nn. 845 & 846 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § VI, Point I. On the Effects of a Contract under a Condition, n. 847 — I. A condition concerning the past or concerning the present brings it about that the contract immediately subsists or does not subsist, according as the condition has been fulfilled or not fulfilled. But execution of th… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § VI, Point VII, Scholion. On a Contract Void by Civil Law, n. 859 — I. Notion of a contract void by civil law. A contract void by civil law can be taken in a threefold sense: 1° for a contract null in the forum of conscience; 2° for a contract only civilly null; 3° for a contract null ne… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § XII, Point I. On Insurance, n. 941 — I. Notion. Insurance is a contract by which someone, the insurer, for a certain price obliges himself to compensate someone, the insured, for an uncertain damage or ceasing profit. It is said uncertain, that is, for each… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § XIII, Point I. On Suretyship, n. 959 — I. Notion. Suretyship is a contract by which someone, the surety, binds himself to fulfilling another's obligation if the principal debtor does not satisfy him.Read in context →

Moral Theology: A Complete Course (McHugh & Callan)

John A. McHugh, O.P., and Charles J. Callan, O.P. — 18 passages

Vol. I, Pt. II, Q. I, Art. 9. The Sins Against B…, Fulfillment of the Commandments of Charity, n. 1588 — For the fulfillment of the law of charity, external acts of love are not enough; there must also be internal love or affection. (a) With regard to charity towards God, there can be no question of external charity through… Read in context →

Vol. II, Pt. II, Q. II, Art. 3. The Subjective Par…, The Objects of Commutative Justice, n. 1749 — Forms of Contract. Forms of Contract.—The chief forms of contract are the following: (a) gratuitous contracts, which are those that confer advantage on only one of the contractants, or those in which no payment or compensation for his acts… Read in context →

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Homicide, n. 1833 — Self-defense must be moderate, for injury or the death of a human being is a thing that should be avoided when possible. (a) Thus, the person attacked must not reply with force at all, if this is possible. He should esca… Read in context →

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Contracts, nn. 1877, 1878, 1879, 1880, 1881, 1882, 1884, 1885, 1886, 1887, 1888 & 1889 (12 passages — hover a number to read it)

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Theft and Robbery, n. 1892 — Comparison of Theft and Robbery. Comparison of Theft and Robbery.—(a) They differ in species, for theft contains injustice to an owner in his property, but robbery, which is an unjust and violent taking of what belongs to another, contains injustice bot… Read in context →

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Other Frauds, nn. 2137 & 2138 (2 passages — hover a number to read it)

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Gennaro Bucceroni, S.J. — 53 passages

Vol. II, On the Seventh and Tenth P…, IV. On the Modes of Acquiring Ownership by Private Will, nn. 931–981 (51 passages)

Vol. II, On the Seventh and Tenth P…, XV. On the Contract of Partnership, n. 1239 — What is the triple contract? - The triple contract is that by which someone, contributing a thing or money, makes a pact with another partner that, whatever happens, the thing or the whole sum be restored to him with a c… Read in context →

Vol. II, On the Seventh and Tenth P…, XXV. On Restitution from Contract, n. 1387 — Whether there is an obligation of restitution from contract? Restitution is the restoration of damage given. But damage is said from taking away. Wherefore restitution properly supposes something taken away and as it wer… Read in context →

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. — 21 passages

Vol. I, Treatise On Contracts, First Part. On Contracts in General, nn. 754 & 755 (11 passages — hover a number to read it)

Vol. I, Treatise On Contracts, First Part. On Contracts i…, Chapter I. On the Requisites for Contracting, n. ¶1 — Three things are required: 1. suitable matter; 2. a capable subject; 3. legitimate consent.Read in context →

Vol. I, Treatise On Contracts, First Part. On Contracts i…, Chapter III. On the Modifications of Contracts, nn. ¶1 & ¶2 (2 passages — hover a number to read it)

Vol. I, Treatise On Contracts, First Part. On Contracts i…, Ch. III, Article III. On Conditions Attached to a Contract, nn. 795 & 796 (7 passages — hover a number to read it)

Synopsis of Moral and Pastoral Theology

Adolphe Tanquerey, S.S. — 11 passages

Vol. III, Contracts, and the Obligat…, On the Virtue of Justice (…, Part II — Chapter I: On Contracts in General, nn. 613, 614, 615, 616, 660, 661, 662, 663, 664, 665 & 666 (11 passages — hover a number to read it)

Manuale Theologiae Moralis

Dominic M. Prümmer, O.P. — 6 passages

Vol. II, Tr. XI, Sect. I, Q. IV, Chapter I. On Contracts in General, n. ¶43 — We treat: 1. of the notion and division of contracts; 2. of the requisites for a contract; 3. of the effect or obligation of contracts.Read in context →

Vol. II, Tr. XI, Sect. I, Q. IV, Ch. I, Article I. On the Notion and Division of Contracts, nn. 249, 250 & 251 (3 passages — hover a number to read it)

Vol. II, Tr. XI, Sect. I, Q. IV, Ch. I, Article II. On the Requisites for a Contract, n. ¶44 — Four things are essentially required: 1. suitable matter; 2. a capable person; 3. legitimate consent; 4. a fitting form.Read in context →

Vol. II, Tr. XI, Sect. I, Q. IV, Ch. I, Art. II, § 4. On the External Form of Contracts, n. 259 — 259. By natural law it suffices that contracts be effected by the legitimate and clearly manifested consent of the contracting parties. But by positive laws (whether ecclesiastical or civil), some determinate form or sol… Read in context →

Institutiones Morales Alphonsianae

Clement Marc, C.SS.R. — 8 passages

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, CHAPTER I: On Contracts in General, nn. ¶1 & ¶2 (2 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Ch. I, ARTICLE I: On the Notion of Contract, nn. ¶1032, ¶1033 & ¶1034 (3 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Ch. I, ARTICLE II: On the Requisites for Contracting, n. ¶1 — Four things are essentially required: 1. apt matter; - 2. a capable person; - 3. legitimate consent; - 4. a fitting form.Read in context →

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Ch. I, Art. II, § 4. ON THE EXTERNAL FORM OF CONTRACT, nn. ¶1053 & ¶1054 (2 passages — hover a number to read it)

Theologia Moralis Sancti Alphonsi: Reduced into a Compendium

Anthony Konings, C.SS.R. — 51 passages

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS IN GENERAL, nn. ¶828 & ¶829 (2 passages — hover a number to read it)

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, CHAPTER I: ON THE REQUISITES FOR CONTRACTING, n. ¶1 — Three things are required: 1° apt matter; 2° capable subject; 3° legitimate consent.Read in context →

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, ARTICLE I: ON THE MATTER OF CONTRACT, nn. ¶830, ¶831, ¶832, ¶833 & ¶834 (5 passages — hover a number to read it)

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, ARTICLE II: ON THE SUBJECT OF CONTRACT, n. ¶835 — 835. - I. By natural right all and only those who have free use of reason can contract, because these alone can transfer dominion of their own goods and take up obligations. Hence the following cannot contract: 1° infant… Read in context →

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. II, § I. On Minors, nn. ¶836, ¶837, ¶838 & ¶839 (4 passages — hover a number to read it)

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. II, § II. On Wives, nn. ¶840 & ¶841 (2 passages — hover a number to read it)

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. II, § III. On Those Civilly Dead, n. ¶842 — 842. - A very rare case among us, since civil death exists from the crime alone of high treason (high-treason). It does not deprive of the right of contracting.Read in context →

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. II, § IV. On Interdicted Persons, n. ¶843 — 843. - Interdicted persons are those who by sentence of the judge are declared incapable of exercising civil acts on account of a state of weakness, or dementia, or madness. Interdiction ceases when the cause ceases; and… Read in context →

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. II, § V. On Aliens, n. ¶844 — 844. - I. An alien (alien) is one who lacks the right of a citizen of the Federated States. But a citizen is one who either was born in the Federated States, or has furnished those things which are required by law so tha… Read in context →

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)

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, CHAPTER II: ON THE OBLIGATION OF CONTRACT, nn. ¶1, ¶858, ¶859, ¶860, ¶861, ¶862 & ¶863 (7 passages — hover a number to read it)

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, CHAPTER III: ON THE MODIFICATIONS OF CONTRACTS, nn. ¶1 & ¶2 (2 passages — hover a number to read it)

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. III, ARTICLE I: ON AN OATH ADJOINED TO A CONTRACT, nn. ¶864, ¶865, ¶866 & ¶867 (4 passages — hover a number to read it)

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. III, ARTICLE II: ON MODES PREFIXED TO A CONTRACT or ON NON-PURE CONTRACTS, n. ¶868 — 868. - A mode is an adjoined quality, for the most part not suspending the contract, but adding something as a burden or favor of one of the contracting parties. Modal contracts are chiefly made 1° to a day, - 2° under a… Read in context →

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. III, ARTICLE III: ON CONDITIONS APPENDED TO A CONTRACT, nn. ¶869 & ¶870 (2 passages — hover a number to read it)

Summa Theologiae Moralis

Benedict Henry Merkelbach, O.P. — 37 passages

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Sect. C, Ch. I, Question One: On the Notion and Division of Contract, nn. 451, 452, 453, 454 & 455 (37 passages — hover a number to read it)

Compendium of Moral Theology

Aloysius Sabetti, S.J., and Timothy Barrett, S.J. — 3 passages

Vol. I, Tr. IX, Pt. I, Chapter I. On the Definition and Divisions of Contracts, n. 476 — A contract is an agreement by which one or more persons oblige themselves toward one or more persons to give, do, or omit something. Moreover, it is distinguished in many ways; for it is: 1st. Unilateral, which is also c… Read in context →

Vol. I, Tr. IX, Pt. I, Chapter III. On the Obligation of Contract, nn. 494 & 495 (2 passages — hover a number to read it)

Christian Theology, Dogmatic and Moral, in Compendium

Daniele Concina, O.P. — 7 passages

Diss. III, Chapter I — The definition of a contract, its causes and properties, nn. I, II, III, IV, V, VI & VII (7 passages — hover a number to read it)

Palladium Theologicum, Tome V: On the Virtues

Gaudentius Bontempi of Brescia, O.F.M. Cap. — 21 passages

Tr. II, Disputation I: On Contracts in General, n. 1 — TO CONTRACT signifies to draw many into one; hence its first effect is obligation, which is a bond of law by which one is bound to another to do or not to do something, as it is said §. 1. Institut. de oblig. et l. 1. ff… Read in context →

Tr. II, Disputation I: On Contract…, Question I: What a contract is, and of how many kinds, nn. 1–20 (20 passages)

The 1917 Code of Canon Law

Promulgated by Pope Benedict XV

Title XXIX: Of Contracts, can. 1529 — The same things which civil law in a territory establishes concerning contracts, both in general and in species, whether named or unnamed, and concerning payments, are to be observed in canon law in ecclesiastical matter… Read in context →