The legal obligation is one of the branches of private law under the legal system of civil law and the so-called "mixed" legal system. It is the body of rules that regulates and regulates rights and obligations that arise between individuals. Specific rights and obligations are referred to as obligations , and the field of law relates to their creations, effects, and extinctions.
Liability is a legal bond ( vinculum iuris ) in which one or more parties (obligant) are bound to act or refrain from acting. Therefore, obligations require the obligor task to perform, and simultaneously create the appropriate rights to demand performance by obligee to whom the performance is tendered. The liability may be civil , which can be enforced by a court action, or fair , which implies a moral obligation but can not be executed unless the obligor agrees.
Video Law of obligations
Definisi
Justinian first defines obligations in his book Institutiones , Book 3, section 13 as "legal ties, by which we are bound by the necessity of taking some action in accordance with the laws of our State. "He further separates the law of obligations into contracts, offenses, quasi-contracts, and quasi-delik.
Today, the obligations, as applied under civil law, mean a legal bond (vinculum iuris ) in which one or more parties (obligins) are bound to engage or refrain from performing certain behaviors (achievements). Thus the obligation covers both sides of the equation, both obligor obligations to make achievements and rights of recipients of obligations to accept achievement. This differs from the concept of a general legal obligation that covers only aspects of the task.
Each obligation has four important conditions or known as an element of obligation. They:
- obligor : the obligation is bound to fulfill its obligations; he who has the task.
- the obligee : shall have the right to demand fulfillment of obligations; he has the right.
- subject matter, prestation : performance to be tendered.
- legal bond, vinculum juris : the cause that binds or relates the obligant to its accomplishment.
Maps Law of obligations
Classification
Source
Obligations arising from the will of the parties are called voluntary , and those charged by legal operations are called not voluntary . Sometimes these are called conventional and obedient. Events that create obligations can be further differentiated into specific categories.
- volunteer:
- unilateral pledge ( pollicitatio ) - perform by the promisor only to do, does not require agreement from the beneficiary
- contract
- quasi-contract
- negotiorum gestio - the task of replying to a person (gestor) who has managed the affairs or property of others who can not
- solutio indebiti - improper payments or delivery of goods to others, which then is obliged to return the item
- unintentional:
- delicts and quasi-delicts (equivalent to common-law tort).
- unfair enrichment ( condictio indebiti )
Contract
A contract may be broadly defined as a treaty applicable to law. Gaius classifies the contract into four categories: contract consensus , verbal contract, contract re , and litteris contract. But this classification can not include all contracts, such as pact and inomination contracts; thus, is no longer used.
Quasi-contract
Quasi-contract is one of four categories of obligations in the Justinian classification. The main case is negotiorum gestio (doing the affairs of others without their authorization), unfair enrichment, and solutio indebiti .
Quasi-delicts
This appointment consists of a group of actions that have no apparent similarities, classified by Justinian as analogous to delictual obligations. This includes res suspensae , poured or discarded items, inn/hairdresser/hairdresser, and wrong judge.
Subject
Obligations are classified by the nature of performance (achievement):
- a real obligation - an attempt to give or give property, possession, or pleasure
- a specific real obligation - the delivery of something specified when it is specifically appointed or physically separated from all others of the class same
- generic real liability - delivery of common things
- personal liability - a good attempt to do or not to engage in any type of work or service
- positive personal liability - performance
- negative personal obligations - patience
History
The word originally comes from the Latin "obligare" derived from the "lig" root that shows bound, as it is to God for example in "re-ligio". The term first appeared in Plautus, playing Truculentus on line 214.
Obligations were not originally part of Roman Law, which mostly concerns the succession, property, and family relationships. It was developed as a solution to the gaps in the system, when one party mistakes the other. This situation was originally governed by the basic customary law of revenge. This undesirable situation eventually evolved into a system of accountability in which people were initially encouraged and then essentially forced to receive money compensation from the perpetrator or their family rather than vengeance. This signifies an important change in the law away from retaliation and against compensation. The state supports this effort by standardizing the amount for certain errors. Thus, the earliest legal form of Obligation comes from what we now call Delict.
However, it is important to note that accountability in this form does not include the idea that debtors "owe" monetary compensation to creditors, it is just a means to avoid punishment. If the debtor or his family does not have the means to pay then the old rules are still applied as outlined in the twelve special tables of table 3. This section, regardless of how hard it appears to us, was originally developed as a means to protect the debtor from abuse of excessive creditors.
See also
- Correct
- Solidary Obligation
- Swiss Liability Code
References
Source of the article : Wikipedia
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