freedom of contract

Latin translation: "libertas negotii contrahendi"

15:06 May 18, 2006
English to Latin translations [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: freedom of contract
I have found in some of my Turkish-English-Latin legal dictionaries the term Libertas Contrahendi. However, I cannot find it in other dictionaries.
Selcuk Akyuz
Türkiye
Local time: 00:06
Latin translation:"libertas negotii contrahendi"
Explanation:
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
Selected response from:

Leonardo Marcello Pignataro (X)
Local time: 22:06
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1"libertas negotii contrahendi"
Leonardo Marcello Pignataro (X)
5libertas paciscendi/libertas se locandi vel sui locandi
Joseph Brazauskas


Discussion entries: 2





  

Answers


3 hrs   confidence: Answerer confidence 5/5
libertas paciscendi/libertas se locandi vel sui locandi


Explanation:
'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.

Joseph Brazauskas
United States
Local time: 17:06
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
Notes to answerer
Asker: Thanks for your answer Alcaeus. What about libertas contrahendi, is it a mistranslation?


Peer comments on this answer (and responses from the answerer)
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
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1 day 1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +1
"libertas negotii contrahendi"


Explanation:
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

Leonardo Marcello Pignataro (X)
Local time: 22:06
Native speaker of: Native in ItalianItalian
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
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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