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While the legal systems of different countries were introducing many forms of transactions, without making any special difference between them, the Romans through their own legal system developed agreements as a special source of obligations. Likewise, they were knowing the general terms of the contract, their essential elements as well as their own forms and types. One of such contract was a Mutuum a loan agreement, which is still often used and subject of various economic and social relationships. In this paper, the author makes comparison between Mutuum Roman and modern Loan Agreement, aiming to explain the legal basis of Loan Agreement through Mutuum Roman, and the influence of Roman Law on modern Contract Law and particularly on Loan Agreements.

Roman Mutuum and the modern concept of a loan agreement