The role of will in contract interpretation under Roman law
Emmanuelle CHEVREAU - Professor (université Paris 2 Panthéon-Assas)
Aude LAQUERRIERE-LACROIX - Professor (université de Reims)
Pascal PICHONNAZ - Professor (université de Fribourg)
Ulrike BABUSIAUX - Professor (université de Zürich - Suisse)
Jean-Pierre CORIAT - Professor (université Paris 2 Panthéon-Assas)
Laurent PFISTER - Professor (université Paris 2 Panthéon-Assas)
This is a study of Roman private law, more precisely of the role of will in Roman contract law. The question of voluntas is well-known among inheritance matters. But it seems not to be unknown in contract law as well. Indeed, will does not only concern consensual contracts. It clearly also occurs in real or formal contracts.
This taking into account of will seems to be the result of Roman jurisprudence. Cases of jurisconsults have to be analyzed in order to determine the role and the relevance they give to the will of the different parties.
The main sources which have to be exploited are the Institutes of Gaius, the Praetor's Edict, the Digest, the Code and the Institutes of Justinian. The study focuses on classical Roman law (2nd century BC - 3rd century AD), and depending on the results, it could reach postclassical law (4th - beginning of 6th), and Justinian law (6th century).