Law of obligations
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Eastlaw
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The '''Law of Obligations''' is one of the component private law elements of the [[civil law (legal system)|civil law]] system of [[law]] The Law of Obligations finds its origins in [[Roman law]] which is defined as a “legal tie” or “legal bond” in the Institutes of Justinian. It concerned with situations where a person has incurred a personal liability for which he is answerable at law.
== Introduction ==
The Law of Obligations is one of the branches of the civil law which includes the [[Contract Law]] and [[Delict Law]], the [[Quasi-contract law]], and the [[Quasi-delict law]].
The Law of Obligations seeks to organize and regulate the voluntary and semi-voluntary legal relations available between moral and [[natural person]]s under as:
# obligations under contracts, both innominate and nominate (for example: [[sales]], [[gift]], [[lease]], carriage, mandate, association, [[Deposit account|deposit]], [[loan]], [[employment]], [[insurance]], [[Gambling|gaming]] and [[arbitration]])
# in unjust enrichment
# management of the property of another (or "negotiorum gestio", the name taken from Roman Law)
# the reception of the thing not due
# the various forms of extra-contractual responsibility between persons known as [[delicts]] and [[quasi-delict]]s, which are similar to [[tort]] and negligence, respectively, at [[common law]]. Despite the relatively distinct nature of these various sources of obligations, they are considered together under a law of obligations on the basis that all are instances where a [[debtor]] has a duty to execute a certain performance towards a [[creditor]]
== Sources of obligations ==
=== Contracts ===
A contract can be broadly defined as an agreement that is enforceable at law. [[Gaius (jurist)|Gaius]] classified contracts into four categories which are: consensual contracts, verbal contracts, contracts re, contracts litteris. But this classification cannot cover all the contracts, such as pacts and innominate contracts.
=== Quasi-contracts ===
Quasi-contract is one of the four categories of obligation in Justinian's classification. The man cases are negotiorum gestio (conducting of another person's affairs without their authorisation), condictio indebiti (unjust enrichment) and common ownership.
=== Delict ===
A dellict can be broadly defined as a wrongful act which causes damage, and for which the victim is entitled to compensation.
=== Quasi-delict ===
The designation comprised a group of actions of no obvious similarity, classified by Justinian as analogous to delictual obligations. It includes Res suspensae, things poured or thrown, shippers/innkeepers/ stablekeepers, and Erring judges.
== See also ==
* [[Right]]
{{Law}}
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[[Category:Civil law (legal system)]]
[[de:Schuldrecht]]
[[et:Võlaõigus]]
[[el:Ενοχικό Δίκαιο]]
[[es:Derecho de obligaciones]]
[[fr:Droit des obligations]]
[[ko:채권법]]
[[hr:Obvezno pravo]]
[[lt:Prievolių teisė]]
[[hu:Kötelmi jog]]
[[nl:Verbintenissenrecht]]
[[ja:債権]]
[[pl:Prawo zobowiązań]]
[[sl:Obligacijsko pravo]]
[[sr:Облигационо право]]
[[sh:Obvezno pravo]]
[[zh:債權]]