Roman Law Concept Obligatio

1442 Words6 Pages
1.Introduction
The purpose of this essay is to critically discuss the importance of the development of the Roman law concept obligatio. The obligatio can be looked at as a watershed in the scientific discipline of jurisprudence. The term itself, in its most literal form means that something or someone is bound.
Justinian advanced the famous definition ‘Obligatio est iuris vinculum, quo necessitate adstringimur alicuius solvendae rei sceundum nostrae civitatis iura’ which can be loosely translated as: an obligation is a legal tie which binds us to the necessity of making some performance in accordance with the laws of our state.
This essay will explore the concept obligatio from its earliest form in ancient Rome through history (until) the
…show more content…
The concept of obligatio by the classical period was a strictly legal one that is vinculum iuris, vinculum means to ‘’bind’ or ‘bond’ while iuris means ‘law’ thus it was a legal bond, to lose this legal bond, solvere obligationem, which meant to loosen or discharge the obligation, the law would have demanded a specific act be concluded, it would be this act which formed the content of the…show more content…
The remedy for the obligatio was always the action in personam as the obligatio was an agreement between two parties rather than a party and a thing.

2.2.Natural obligations
As stated the obligatio was enforceable via the Actiones Cilivies but there were many cases where the creditor had no efficient way of enforcing his obligatio, this is known as natural obligations.
These were not legally enforceable, but still had legal consequences; in effect the law recognizes some aspects of the transaction but does not help the creditor in enforcing his right.
The concept of Natural obligations has survived into the modern ages, The South African law still uses the term natural obligations in the circumstances set out above. The German Civil Code, in addition, still recognizes non-binding obligations, i.e. obligations arising from betting. 2.3.Contractus and Delictum
According to Gaius, in his institutes, an obligatio had two possible causes: a contractus or a

More about Roman Law Concept Obligatio

Open Document