May 18, 2006 15:06
17 yrs ago
6 viewers *
English term

freedom of contract

English to Latin Law/Patents Law: Contract(s)
I have found in some of my Turkish-English-Latin legal dictionaries the term Libertas Contrahendi. However, I cannot find it in other dictionaries.

Discussion

Joseph Brazauskas May 19, 2006:
'Libertas contrahendi' would not be incorrect. It does not, however, have classical precedent, so far as I know.
adv Linguado May 18, 2006:
That's perfect ;)

Proposed translations

+1
1 day 1 hr
Selected

"libertas negotii contrahendi"

I would add "negotii" (contract), since "contrahere" is quite a generic verb, meaning just "to engage" (for example, you might find "in libertate matrimonii contrahendi" "with the freedom of engaging marriage").

HIH
Peer comment(s):

agree Olga Cartlidge : Cf M.Tull. Cic., Letters to Atticus : contrahi mihi negotium videtur. (5.97) Cf :“sed haec species obligationis non uidetur ex contractu consistere, quia is, qui soluendi animo dat, magis distrahere uult negotium quam contrahere: Gai Institutionum Comm 3.
4 hrs
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4 KudoZ points awarded for this answer.
3 hrs

libertas paciscendi/libertas se locandi vel sui locandi

'Pacisci' is the general term for making a legally binding contract or striking any kind of bargain with someone. 'Locare' (or 'se locare') is used of the contractual obligations from the hired person's point of view. The dtwo are not the same and should not be confused. Roman law mae a distinction is such cases, but American law. and possibly modern iternational law, usually does not.
Note from asker:
Thanks for your answer Alcaeus. What about libertas contrahendi, is it a mistranslation?
Peer comment(s):

neutral Olga Cartlidge : Cur non "libertas negotium / rem (cum aliquo ) contrahere" ? Re : Cicero. Se locare would imply employment related obligations, while this one would be more of a generic term.
21 hrs
Potest.
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