Consensualism

The principle of the consensualism is a legal principle according to which the contract should not be formed according to a particular form. Under the terms of this ideology, the criterion prevailing of the existence of the contract will be the existence of a Consentement and an agreement of will of the parts.

The principle of the consensualism is opposed to the Roman law, which established the requirement of particular forms. The consensualism is opposed consequently to the formalism. It is also said that a consensual contract is opposed to a solemn Contrat.

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