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consensual 音標拼音: [kəns'ɛnsuəl] [kəns'ɛnʃuəl] a. 在兩愿下成立的,交感的 在兩願下成立的,交感的 consensual adj 1: existing by consent; " a consensual contract" Consensual \ Con* sen" su* al\, a. [ See { Consent}, v. i., and cf. { Sensual}.] 1. ( Law) Existing, or made, by the mutual consent of two or more parties. [ 1913 Webster] 2. ( Physiol.) Excited or caused by sensation, sympathy, or reflex action, and not by conscious volition; as, consensual motions. [ 1913 Webster] { Consensual contract} ( Law), a contract formed merely by consent, as a marriage contract. [ 1913 Webster] 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.
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