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existing by CONSENT.
Collins Dictionary of Law © W.J. Stewart, 2006

CONSENSUAL, civil law. This word is applied to designate one species of contract known in the civil laws; these contracts derive their name from the consent of the parties which is required in their formation, as they cannot exist without such consent.
     2. The contract of sale, among the civilians, is an example of a consensual contract, because the moment there is an agreement between the seller and the buyer as to the thing and the price, the vendor and the purchaser have reciprocal actions On the contrary, on a loan, there is no action by the lender or borrower, although there may have been consent, until the thing is delivered or the money counted. This is a real contract in the sense of the civil law. Lec. El. Dr: Rom. Sec. 895; Poth. Ob. pt. 1, c. 1, s. 1, art. 2; 1 Bell's Com. (5th ed.) 435. Vide Contract.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
[2] Despite these laws, many South African (SA) adolescents are engaging in consensual underage sex as evidenced by high rates of teenage pregnancy.
She attacked the former minister by saying that "a relationship that is based on coercion, and abuse of power, is not consensual."
According to information, the 19-year-old reportedly admitted that she had consensual sex with some of the Israeli teens but when she realised that others were recording on their cell phones, it angered her and she allegedly decided to get back at them by saying she was raped.
SEX EDUCATION But a Zimbabwean High Court reversed the conviction of a 17-year-old boy who had consensual intercourse with his girlfriend, 15, but was charged with defiling a minor.
The former boy band member's defence lawyer suggested the woman's complaint to police was influenced by the "extreme reaction" of her friend to being told of the consensual encounter.
Jurors at Wolverhampton Crown Court deliberated for about two hours before unanimously acquitting Mr Williams, who told the jury he had consensual sex with the woman in December 2016.
A WOMAN who claims she was raped by ex-JLS star Oritse Williams sobbed in court as she denied having consensual sex with him.
Yesterday, she broke down when the 32-year-old star's barrister suggested the sex had been consensual.
Summary: Sex with those under 14, even if consensual, is considered forceful under UAE law
Encounters involving BDSM--the umbrella term for a range of sexual activities including bondage, discipline, dominance, submission and sadomasochism--can appear barbaric from the outside, even when they are fully consensual interactions between romantic partners.
In an interview with 1TV, the candidate for president of the governing coalition, Stevo Pendarovski, contradicted BDI leader Ali Ahmeti who said Pendarovski was a "consensual candidate", Zhurnal reports.
In order to find that consensual candidate, SDSM leader Zoran Zaev held separate talks Monday and Tuesday with the leaders of three ethnic Albanian parties--Ali Ahmeti's BDI, Menduh Thaci's PDSH and Afrim Gashi's Alternative, formerly known as Besa's Skopje wing.

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