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In Roman law, contracts could be divided between those in re, those that were consensual, and those that were innominate contracts in Roman law ]. Although Gaius only identifies a single type of contract in re, it is commonly thought that there were four, as Justinian identifies: mutuum , commodatum , depositum and pignus.
Each varied about the expected standards of care, transfer of ownership, and other practicalities stemming from the purpose of each. They all involved the delivery or a physical thing, which is a defining characteristic. They were generally supplemented by the stipulatio and inominate contract, which allowed additional provisions such as interests to be added to contracts in re making them more suitable for commercial applications.
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