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.
A universitas juris includes Obligations as well as Rights, Jus in personam as well as Jus in rem, being in fact the succession of one person to which another person succeeds.
and that rights correlating to positive obligations, or duties of performance, can only be Personal;
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.