The historical evolution of the mutuum contract: an analysis of the classical sources

Abstract

This article examines the historical development of the mutuum contract in Roman Law through classical sources and dogmatic reconstruction. It analyzes the formation of the obligatio and the classification of mutuum as a real contract, emphasizing the role of datio rei in establishing the obligatory bond. The study traces the institution’s evolution from its roots in social solidarity to its role as a vital instrument for wealth circulation and credit. Key focus is placed on its constitutive elements, essential characteristics, and legal remedies. Ultimately, the article argues that mutuum was fundamental to organizing the Roman credit system and shaping the broader Law of Obligations.