Law of obligations

The law of obligations is one branch of private law under the civil law legal system & requested "mixed" legal systems. it is the body of rules that organizes together with regulates the rights and duties arising between individuals. The particular rights and duties are pointed to as obligations, and this area of law deals with their creation, effects and extinction.

An obligation is a legal bond vinculum iuris by which one or more parties obligants are bound to act or refrain from acting. An obligation thus imposes on the obligor a duty to perform, and simultaneously creates a corresponding right to demand performance by the obligee to whom performance is to be tendered.

History

The word originally derives from the Latin "obligare" which comes from the root "lig" which suggests being bound, as one is to God for thing lesson in "re-ligio". This term first appears in Plautus' play Truculentus at species 214.

Obligations did non originally produce part of Roman Law, which mostly concerned issues of succession, property, and vintage relationships. It developed as a a thing that is caused or produced by something else to a hole in the system, when one party committed a wrong against another party. These situations were originally governed by a basic customary law of revenge. This undesirable situation eventually developed into a system of liability where people were at number one encouraged and then essentially forced to accept monetary compensation from the wrongdoer or their family instead of seeking vengeance. This signaled an important shift in the law away from vengeance and towards compensation. The state supported this try by standardizing amounts forwrongs. Thus the earliest hold of Obligation law derives out of what we would today so-called Delict.

However, it is for important to note that liability in this form did not yet add the conviction that the debtor "owed" monetary compensation to the creditor, it was merely a means of avoiding punishment. whether the debtor or his family didn't have the means to pay then the old rules still applied as outlined in the twelve tables, specifically table 3. This section, despite how harsh it mayto us, was originally developed as a means to protect debtors from the excessive abuses of creditors.