ARRHAE

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ARRHAE

ARRHAE, contracts, in the civil law. Money or other valuable things given by the buyer to the seller, for the purpose of evidencing the contract earnest. 2. There are two kinds of arrhae; one kind given when a contract hasonly been proposed; the other when a sale has actually taken place. Thosewhich are given when a bargain has been merely proposed, before it has beenconcluded, form the matter of the contract, by which he who gives the arrhaeconsents and agrees to lose them, and to transfer the title to them in theopposite party, in case he should refuse to complete the proposed bargain;and the receiver of arrhae is obliged on his part to return double theamount to the giver of them in case be should fail to complete his part ofthe contract. Poth. Contr. de Vente, n. 498. After the contract of sale hasbeen completed, the purchaser usually gives arrbae as evidence that thecontract has been perfected. Arrbae are therefore defined quod ante pretiumdatur, et fidem fecit contractus, facti totiusque pecuniae solvendae. Id. n.506; Code, 4, 45, 2.

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