Abstract: The contractual system of Roman law not only conceived the tradition of contract law in Civil Law and Common Law,but also formed the foundations of the modern contract law.The contractual system history of Roman law should not be commentated on and interpreted standing on the idea of the modern contract law,but on its history text.The major framework of the Roman contract law consisted of a form,a principle and numerous contractual types.That means that contractual formalism and numerus clausus of contractual types were the core of a contract in the Roman sense,and consensus was not a general element of all contracts.
王洪. 罗马法契约制度:历史话语的重述[J]. 南昌大学学报(人文社会科学版), 2005, 36(04): 84-89.
WANG Hong. Contractual System in Roman Law: Restatement of History’s Text. , 2005, 36(04): 84-89.