Securing the deal

[Furt]

I was wondering did Romans sign paper contracts or was it a verbal agreement? I was particularly interested in how a freeman agreed to a contract to become a gladiator.

[Lost_Warrior]

I do know that oaths and contracts, in many instances, were taken before the Gods. Iupiter Optimus Maximus (I believe) was invoked to witness the oath.

 

As for the legal end of it, I really don't know. I'd imagine it would depend on the circumstances, but I'm willing to bet that most contracts were written. After all, a verbal contract is worth the paper it's written on...

 

If someone couldn't write, I imagine it would be written up for them by someone who could, and the person in question would just sign or stamp it, or literate witnesses would certify that they had seen the parties involved make the verbal agreement.

[Kosmo]

In roman law a legal contract was made binding by the use of some sacred, typical expressions. Without them the contract was void. To a much lesser extent this was transmitted to some modern law systems. Usually the contract was made in writing with witnesses present, but in rural areas where illiteracy was widespread they could be made verbally before a larger number of witnesses.

[caldrail]

I was wondering did Romans sign paper contracts or was it a verbal agreement? I was particularly interested in how a freeman agreed to a contract to become a gladiator.

 

There wasn't much formality to it. If the lanista agreed (he might think you're too wussy for instance) he'd require you to swear an oath and that was your side of it. The contract would have been recorded for administration and legal niceties, but as a matter of interest I don't know of any requirement to sign a contract or 'make their mark'.