PROMUTUUM

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  PROMUTUUM, civil law. A quasi contract, by which he who receives a certain 
  sum of money, or a certain quantity of fungible things, which have been paid 
  to him through mistake, contracts towards the payer the obligation of 
  returning him as much. Poth. De l'Usure, 3eme part. s. 1, a. 1. 
       2. This contract is called promutuum, because it has much resemblance 
  to that of mutuum. (q.v.) This resemblance consists, 1st. That in both a sum 


  of money or some fungible things are required. 2d. That in both there must 
  be a transfer of the property in the thing. 3d. That in both there must be 
  returned the same amount or quantity of the thing received. Poth. h.t., n. 
  133. But though there is this general resemblance between the two, the 
  mutuum differs essentially from the promutuum. The former is the actual 
  contract of the parties, made expressly, but the 'latter is a quasi 
  contract, which is the effect of an error or mistake. Id. 134; l Bouv. Inst. 
  n. 1125-6.