But they lie outside of the
circle of the metaphysical science of right, whose rational modes of
contract can alone be indicated here.
All contracts are founded upon a purpose of acquisition, and are
either:
A. Gratuitous contracts, with unilateral acquisition; or
B. Onerous contracts, with reciprocal acquisition; or
C. Cautionary contracts, with no acquisition, but only guarantee
of what has been already acquired. These contracts may be gratuitous
on the one side, and yet, at the same time, onerous on the other.
A. The gratuitous contracts (pacta gratuita) are:
1. Depositation (depositum), involving the preservation of some
valuable deposited in trust;
2. Commodate (commodatum) a loan of the use of a thing;
3. Donation (donatio), a free gift.
B. The onerous contracts are contracts either of permutation or of
hiring.
I. Contracts of permutation or reciprocal exchange (permutatio
late sic dicta):
1. Barter, or strictly real exchange (permutatio stricte sic
dicta). Goods exchanged for goods.
2. Purchase and sale (emptio venditio). Goods exchanged for money.
3. Loan (mutuum). Loan of a fungible under condition of its
being returned in kind: corn for corn, or money for money.
II. Contracts of letting and hiring (locatio conductio):
1.
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