CONSENSUAL

consensual
    adj 1: existing by consent; "a consensual contract"
    

Consensual \Con*sen"su*al\, a. [See {Consent}, v. i., and cf.
   {Sensual}.]
   1. (Law) Existing, or made, by the mutual consent of two or
      more parties.
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   2. (Physiol.) Excited or caused by sensation, sympathy, or
      reflex action, and not by conscious volition; as,
      consensual motions.
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   {Consensual contract} (Law), a contract formed merely by
      consent, as a marriage contract.
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CONSENSUAL, civil law. This word is applied to designate one species of 
contract known in the civil laws; these contracts derive their name from the 
consent of the parties which is required in their formation, as they cannot 
exist without such consent. 
     2. The contract of sale, among the civilians, is an example of a 
consensual contract, because the moment there is an agreement between the 
seller and the buyer as to the thing and the price, the vendor and the 
purchaser have reciprocal actions On the contrary, on a loan, there is no 
action by the lender or borrower, although there may have been consent, 
until the thing is delivered or the money counted. This is a real contract 
in the sense of the civil law. Lec. El. Dr: Rom. Sec. 895; Poth. Ob. pt. 1, 
c. 1, s. 1, art. 2; 1 Bell's Com. (5th ed.) 435. Vide Contract.