From Oral to Written: The Rise of Written Form in Roman Law

This paper examines the relationship between oral to written form in Roman law and the changing role of formal requirements in legal acts. Although Roman law is often associated with rigorous formalism, the use of writing remained exceptional for much of antiquity. In the classical period, legal transactions were typically performed orally and reinforced by prescribed gestures, while written records served primarily as evidence without constitutive effect. Limited exceptions existed, such as literal contracts or certain types of testaments, where written documentation increasingly secured the testator’s will and enhanced legal certainty. During the post-classical era, provincial practice and everyday commerce encouraged broader use of written instruments, blurring the distinction between evidentiary and constitutive documents. Under emperor Justinian, the range of acts requiring written form expanded further – from inheritance declarations and manumission. He specially regulated sales agreements, in which a mutual decision to conclude in writing postponed the moment of contractual perfection until the document was duly drafted and executed.