mutuumn.

Brit.

/ˈmjuːtjʊəm/,

/ˈmjuːtʃʊəm/, U.S.

/ˈmjutʃəw(ə)m/,

/ˈmjutʃ(ə)m/

Origin: A borrowing from Latin. Etymon: Latin mūtuum.

Etymology: < classical Latin mūtuum loan, use as noun of neuter singular of mūtuus borrowed (see mutual adj.). Compare Italian mutuo (1427), Spanish mutuo (1490), Portuguese mútuo (1781 in legal use).

Roman Law and Scots Law. Now historical.

A contract for the loan of a commodity which will be consumed or used up by the borrower and is therefore to be returned in kind; a loan of this sort.

ΘΚΠ

society > law > legal obligation > contract > [noun] > other contracts

lease1483

mutuum1486

pre-contract1563

surcontract1584

nudum pactum1603

contract of location1604

subcontract1660

mandate1781

personal contract1831

protocol1842

severable contract1848

employment contract1891

standard form contract1908

recording contract1922

record contract1924

recording deal1943

record deal1945

EULA1992

1486 in W. Campbell Materials for Hist. Reign Henry VII (1873) I. 267 That ye, in the boke called the pele doo entre a mutuum..of the forsaide D.ccclxxvii. li. ix. s. ii. d.

a1633 in William & Mary Q. (1990) 47 560 This latter kind of lendinge onlye which transmittes also the propertye with the possession and use..they [sc. the Civilians and Calvinists] call mutuum.

1681 J. Dalrymple Inst. Law Scotl. i. x. §17. 127 Loan comprehendeth both the Contracts in the Law called mutuum and commodatum; by the former a thing Fungible is freely given, for the like to be restored in the same kind and quantity, though not the same individual.

1793 Erskine's Inst. Law Scotl. (ed. 3) II. iii. 448 Corn, wine, &c., cannot be put to use without the destruction of the subject. From this necessity has risen the contract of mutuum; by which the borrower becomes the proprietor of the sum given in loan.

1839 J. Story Law of Bailments §47. 34 A deposit differs from what is called in the civil law a mutuum, for there the identical thing lent is not to be returned, but another thing of the same kind, quality, nature or value.

1896 W. K. Morton Man. Law Scotl. 193 Loan or Mutuum—Such transactions are not common in the present day; but an example is seen in steelbow goods, such as dung or straw given to a farm tenant at the commencement of his lease, under obligation to leave the like quantity and quality at its expiry.

1912 Catholic Encycl. XV. 236/1 The mutuum, or loan of things meant for immediate consumption, does not legalize, as such, any stipulation to pay interest.

1986 Speculum 61 366 A transaction not formally a mutuum nevertheless fell afoul of the prohibitions if the transaction served merely as a cloak for usury.

This entry has been updated (OED Third Edition, June 2003; most recently modified version published online March 2022).

单词	mutuum
释义	mutuumn. Brit. /ˈmjuːtjʊəm/, /ˈmjuːtʃʊəm/, U.S. /ˈmjutʃəw(ə)m/, /ˈmjutʃ(ə)m/ Origin: A borrowing from Latin. Etymon: Latin mūtuum. Etymology: < classical Latin mūtuum loan, use as noun of neuter singular of mūtuus borrowed (see mutual adj.). Compare Italian mutuo (1427), Spanish mutuo (1490), Portuguese mútuo (1781 in legal use). Roman Law and Scots Law. Now historical. A contract for the loan of a commodity which will be consumed or used up by the borrower and is therefore to be returned in kind; a loan of this sort. ΘΚΠ society > law > legal obligation > contract > [noun] > other contracts lease1483 mutuum1486 pre-contract1563 surcontract1584 nudum pactum1603 contract of location1604 subcontract1660 mandate1781 personal contract1831 protocol1842 severable contract1848 employment contract1891 standard form contract1908 recording contract1922 record contract1924 recording deal1943 record deal1945 EULA1992 1486 in W. Campbell Materials for Hist. Reign Henry VII (1873) I. 267 That ye, in the boke called the pele doo entre a mutuum..of the forsaide D.ccclxxvii. li. ix. s. ii. d. a1633 in William & Mary Q. (1990) 47 560 This latter kind of lendinge onlye which transmittes also the propertye with the possession and use..they [sc. the Civilians and Calvinists] call mutuum. 1681 J. Dalrymple Inst. Law Scotl. i. x. §17. 127 Loan comprehendeth both the Contracts in the Law called mutuum and commodatum; by the former a thing Fungible is freely given, for the like to be restored in the same kind and quantity, though not the same individual. 1793 Erskine's Inst. Law Scotl. (ed. 3) II. iii. 448 Corn, wine, &c., cannot be put to use without the destruction of the subject. From this necessity has risen the contract of mutuum; by which the borrower becomes the proprietor of the sum given in loan. 1839 J. Story Law of Bailments §47. 34 A deposit differs from what is called in the civil law a mutuum, for there the identical thing lent is not to be returned, but another thing of the same kind, quality, nature or value. 1896 W. K. Morton Man. Law Scotl. 193 Loan or Mutuum—Such transactions are not common in the present day; but an example is seen in steelbow goods, such as dung or straw given to a farm tenant at the commencement of his lease, under obligation to leave the like quantity and quality at its expiry. 1912 Catholic Encycl. XV. 236/1 The mutuum, or loan of things meant for immediate consumption, does not legalize, as such, any stipulation to pay interest. 1986 Speculum 61 366 A transaction not formally a mutuum nevertheless fell afoul of the prohibitions if the transaction served merely as a cloak for usury. This entry has been updated (OED Third Edition, June 2003; most recently modified version published online March 2022). < n.1486
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