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But this classification cannot cover all the contracts, such as pacts and innominate contracts.
In Roman law, contracts could be divided between those in re, those that were consensual, and those that were innominate contracts in Roman law.
Under a civil code of law, a nominate contract is one that has a specific name attached to it (purchase and sale, leasing, loans) to distinguish it from innominate contracts, (those which have no particular name).
During the recognition of innominate contracts, and their enforcement via the actio praescriptis verbis, the condictio causa data causa non secuta still had relevance, however outwith the field of valid contracts.