In Roman law. The contract of nomcn, which was constitut-ed by writing, (scripturA.) It was of two kinds, viz.: (1) A re in personam, when a transaction was transferred from the daybook (adversaria) Into the ledger (codex) in the form of a debt under the name or heading of the purchaser or debtor, (nomen;) and (2) a personA in personam, where a debt already standing under one nomcn or heading was transferred in the usual course of novatio from that nomcn to another and substituted nomen. By reason of this transferring, these obligations were called “nomina transcripti-tia.” No money was, in fact, paid to constitute the contract. If ever money was paid, then the nomcn was arcarium, (i. e., a real contract, re contractus,) and not a nomen proprium. Brown
Source: Black’s Law Dictionary 2nd Ed (1910)
