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mutuum

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See: loan

MUTUUM, or loan for consumption, contracts. A loan of personal chattels to be consumed by the borrower, and to be returned to the lender in kind and quantity; as a loan of corn, wine, or money, which are to be used or consumed, and are to be replaced by other corn, wine, or money. Story on Bailm. Sec. 228; Louis. Code, tit. 12, c. 2; Ayliffe's Pand. 481; Poth. Pand. tom. 22, h.t.; Dane's Ab. Index, h.t.; 1 Bouv. Inst. logo.
     2. It is of the essence of this contract, 1st. That there be either a certain sum of money, or a certain quantity of other things, which is to be consumed by use which is to be the subject-matter of the contract, and which is loaned to be consumed. 2d. That the thing be delivered to the borrower. 3d. That the property in the thing be transferred to him. 4th. That he obligates himself to return as much. 5th. That the parties agree on all these points. Poth. Pret. de Consomption, n. 1; 1 Bouv. Inst. n. 1091-6.



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Simplex istius [TEXT NOT REPRODUCIBLE IN ASCII] dogma est, Amor impellit masculum & faeminam ad mutuum congressum, vt inde genus humanum propagetur.
WOJTYLA, supra note 5, at 222 (noting that Thomistic thought emphasized the primacy of procreation over the mutuum adiutorium, which is referred to here as "conjugal" love).
Si quis quicquam ab alio mutuum sive accomodatum acceperit, et illa ad constitutas inducias rem suam repetit, constanti animo inficias it et sine mora se nihil ab illo accepisse iurat.
 
 
 
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