Division of contrats in Luis de Molina

Abstract

Although in recent times the history of the contract has been widely studied, there is a point of the story that has remained neglected, with few exceptions, the divisions of contract. The paper examines this topic in the important work entitled De contractibus, which is part of De justitia et jure of the neoscholastic Luis de Molina. After examining the place of the notion of contract and its meanings in the system of Molina, it studies the kinds of nominate and innominate contracts, respective (bilateral) and respective (unilateral) contracts, those “qui solo consensu, solo verbo, scriptura, opere compleantur”, in good faith and in strict law, of those who transferred the domain of one thing or only give their enjoyment, or only thier use, or nothing but the tenure, and finally gratuitous and onerous contracts.