Obligations - ROMPHIL

8/7/2019 Obligations - ROMPHIL

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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

Obligations - ROMPHIL

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