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OBLIGATIONS
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Obligations, in general.AN OBLIGATION IS A LEGAL BOND, WITH
WHICH WE ARE BOUND BY A NECESSITY OF
PERFORMING SOME ACT ACCORDING TO THELAWS OF OUR STATE.
O A remnant of the concept of personal liability
(seizure of the debtors body) in archaicRoman law from which the law of obligations
developed.
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The essence of obligations does not consist
in that it makes come property or servitude
ours, but that it binds another person to give,do, or perform something for us.
-Paul, Institutes
O Deals with rights and duties in personam,
not in rem.
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O Obligations are incurred mainly by contracts
made by the parties or through delicts
committed by one against the other.
O a wrongful and damaging act should incur a
duty to compensate the victim in a civilized
legal system
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TWO-FOLD CONSEQUENCES:
O A duty arose on the part of the person
incurring the obligation
O A corresponding right in the person to enforce
that duty by legal action
O Results normally in an award of damages
CREDITOR: Obligation as an asset; res
incorporalis, Law on Things.
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O Creates personal relationship; generally
does not affect 3rd parties.
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Classification of Obligations
O Unilateral v. bilateral
O Stricti juris v. bona fidei
O Civil v. praetorian v. natural obligations
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Sources of ObligationsO According to Causa:
O Gaius: contract, wrongdoing, (special right)
O Justinian: Contract, delict, quasi-contract,
quasi-delict.
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Contracts
O Consensual agreement of the parties
O Verbal pronouncement of particular words
O Contracts re delivery of a res (loan,
deposit)
O Contracts litteris written record.
In all cases, agreement of parties essential.
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Quasi-contracts
O Comprised of a number of situations that
were not strictly contractual, in which liability
in personam arose.O Negotiorum gestio: performing services for
another without their knowledge
O Unjust enrichment
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DelictsO Commission of civil wrongs, usually with
penal consequences: damages
Quasi-delict
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General FeaturesO Stricti juris arose from civil law; dictated by
strict observance of the outside formalities
of the act.O Bona fidei introduced through ius
honorarium, generated bilateral obligations
for both parties of the contract.
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General Features1. Consensus: agreement between parties essential;
genuine meeting of the minds, consensus ad idem.
2. Causa an agreement is actionable only when
there is causa for enforcing the agreement.
3. Capacity
4. Illegality and immorality null
5. Impossibility there is no obligation to do anythingwhich is impossible.
6. Privity a contract could be enforced by or againstthe parties to a contract, and not by or against 3rd
parties.
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CONSENSUAL CONTRACTS
O Bilateral and bona fidei
1. Sale (emptio venditio)
2. Letting and Hiring (locatio conductio)
3. Partnership (societas)
4. Mandate (mandatum)
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VERBAL CONTRACTSO Resulted from the uttering of particular
words in a specified manner.
1. Dotis dictio (pronouncing the dowry)
2. Iusiurandum liberti
3. Stipulatio
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CONTRACTS REO Delivery of corporeal things
1. Mutuum (gratuitous loan for consumption of
things measurable and fungible)2. Commodatum (gratuitous loan of a corporeal
thing for use, the thin to be returned at the endof the loan)
3. Depositum (movable thing was handed over to
another person for safekeeping.
4. Pignus (transfer of property as a security to thelender)
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CONTRACTS LITTERIS
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INNOMINATE CONTRACTSO Certain agreements for mutual services,
enforceable because one party had
performed his part of the bargain, partperformance.
1. Transactio
2. Aestimatum
3. Permutatio
4. Precarium
5. Pacts
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Quasi-contracts1. Negotiorum gestio
2. Condictio indebiti