Obligation
idea · 2 works · 4 mentions · 4 anchored passages
obligatio · obligation · vinculum juris · Juris vinculum · contract and delict · jus in personam · legal chain
in the texts
Institutes of Roman Law
The Roman law right binding a determinate person to a performance, contrasted with real rights valid against the world
yet the right of succession, the right of usufruct, and the right of obligation are incorporeal.
and that rights correlating to positive obligations, or duties of performance, can only be Personal;
Gaius, however, wishes us to identify Dominium with res corporalis, and to make Obligation and the fractions of Dominium (servitutes), and even some forms of Dominium (e.
Ancient Law
The legal bond ('vinculum juris') by which Roman law attached duties and rights to a Convention.
The obligation is the “bond” or “chain,” with which the law joins together persons or groups of persons, in consequence of certain voluntary acts.
In the developed Roman law, the Convention, as soon as it was completed, was, in almost all cases, at once crowned with the Obligation, and so became a Contract;
I can only say that the tendency of Roman law, which became stronger as it advanced, was to look upon legal consequences as united to legal causes by an inexorable necessity, a tendency most markedly exemplified in the definition of Obligation which I have repeatedly cited, “Juris vinculum quo necessitate adstringimur alicujus solvendæ rei.