i. introduction

Question 1

OBLIGATIO

Answer 1

• It refers to the reciprocal rights and duties that exist between two parties.
• The person who has a claim on the other party is called CREDITOR and the party bound to make performance in the DEBITOR.
• It only exist between the specific creditor and debtor, this is why it is “personal” / “relative” (IN PERSONAM)

Question 2

being liable

Answer 2

Being liable means having to take financial responsibility, which manifests itself in the entitled parties right to seize assets belonging to the obligated party.
In principle, obligated party is liable with all their assets, which is known as personal liability.
In contrast, we talk about in rem liability if the liability only extends to specific assets belonging to the obligor (eg. right of pledge)

Question 3

being under obligation

Answer 3

Being obligor means having to make performance. It is only when the debtor fails to make performance (or makes defective performance) that the question of liability arises.

Question 4

possible contents of obligations

Answer 4

DARE (to give)
FACERE ( to do)
PRAESTARE (to owe, to be liable, to guarantee a certain result)

Question 5

types of obligations

Answer 5

1. contracts
2. delicts
3. quasi-contracts
4. quasi-delicts

Question 6

contracts

Answer 6

= bilateral legal transactions, imposing a legally enforceable duty.

The reason for their validity lies in the agreement between the parties (LEX CONTRACTUS).

Question 7

quasi-contracts

Answer 7

= obligations that arise from lawful actions performed outside a contractual relationship.

1. NEGOTIORUM GESTIO: unauthorised management of another’s affairs
2. CONDICTIONES: unjustified enrichment (claims for performance mistakenly rendered)

Question 7

delicts

Answer 7

= actions that are forbidden by law.

Statutory delicts aim at safeguarding certain legally protected interests, their violation entails sanctions such as monetary compensation or punitive damages (POENA).

Three most important recognised by Roman law:
1. INIURA: assault on body or reputation
2. FURTUM: theft
3. DAMNUM IURA DATUM: harm or destruction of property

Question 8

quasi-delicts

Answer 8

= a term later Roman jurists used for praetorian-law delicts, which include liability regardless of negligence or fault.

Example: liability of proprietors of apartments or shops for things that fall down and cause injury to passers-by, or innkeepers liability for damage or theft that their assistants cause)

Can be seen as precursors for modern-day strict liability (= liability for operational risks that someone who lawfully utilise a dangerous equipment incurs regardless of negligence or fault)