Introduction

Question 1

(Roman Law) Concept of an obligation

Answer 1

• A legal connection between legal subjects.

- Resulting in the rights and duties created to be recognised by law

Question 2

Components of a legal obligation

Answer 2

• right of creditor (claim performance)

- duty of debtor (perform accordingly)

Question 3

Legal obligation (definition)

Answer 3

• a legal tie between legal subjects
• recognised by the law
• that through established facts (contract or delict)
• creates (personal) rights and duties between parties

(general rule: LO is source of all legal claims and personal rights)

Question 4

civil vs natural obligation

Answer 4

• civil —-> recognised and enforced by law

- natural —-> recognised but not enforced by law

Question 5

Sources of legal obligations

Answer 5

• contract
• delict
• administrative authority

Question 6

Requirements for a delict to give rise to LO

Answer 6

• conduct (act or omission)
• unlawfulness
• fault (intent or negligence)
• causation and damage

Question 7

Requirements for contract to give rise to LO

Answer 7

• Consensus
• Contractual capacity
• Legality
• Physical possibility and certainty
• Formalities

Question 8

Contract (definition)

Answer 8

• an agreement made with serious intention
  (contract vs agreement of social nature)
• of creating legal obligation
• that give rise to the rights and duties of the parties

Question 9

Purpose of a contract

Answer 9

establish rights and duties to parties

Question 10

Cession (definition)

Answer 10

when rights are transferred from one party to the contract (cedent) to another person (cessionary)

Question 11

Rules of cession

Answer 11

1. cedent and cessionary must enter into contract of cession
2. consent/knowledge/co-operation of debtor not required (but cannot claim further performance from debtor)
3. no formalities required
4. no prohibition on what rights to transfer except those of highly personal nature
5. no one may transfer more than they have (nemos plus iuris)
6. may be ceded as a form of security (security cessions)

Question 12

Types of security cessions

Answer 12

• securitatem debiti —-> ownership of right passes down to cessionary
• pledge —-> ownership of right remains with cedent (default position)

Question 13

Delegation (definition)

Answer 13

• transfer of duties

- tri-partite agreement (OG debtor, New debtor and Creditor)

Question 14

Rules of delegation

Answer 14

• creditor must know the identity of the debtor

- consent of creditor is required

Question 15

Assignment (definition)

Answer 15

• where cession and delegation happen simultaneously

- tri-partite agreement