|
The law of obligations is one branch of private law under the civil law legal system. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred 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. Obligations may be ''civil'', which are enforceable by action in a court of law, or ''natural'', which imply moral duties but are unenforceable unless the obligor consents. ==Definition== Justinian first defines an obligation (''obligatio'')〔Albanese, Bernardo. "Papimano e la definizione di obligatio in J, 3, 13, pr." (1984) 50 SDHI 166 sqq.〕 in his ''Institutiones'', Book 3, section 13 as "a legal bond, with which we are bound by necessity of performing some act according to the laws of our State."〔Justinian. "Institute." Trans. John B. Moyle. (Oxford: Oxford University Press. 1889) at 132〕 He further separates the law of obligations into contracts, delicts, quasi-contracts, and quasi-delicts. Nowadays, obligation, as applied under civilian law, means a legal tie (''vinculum iuris'') by which one or more parties (obligants) are bound to perform or refrain from performing specified conduct (prestation).〔BAUDOUIN, J.-L., P.-G. JOBIN, & N. VÉZINA, ''Les Obligations'', 6th edn. (Cowansville: Éditions Yvon Blais, 2005), 19.〕 Thus an obligation encompasses both sides of the equation, both the obligor's duty to render prestation and the obligee's right to receive prestation. It differs from the common-law concept of obligation which only encompasses the duty aspect. Every obligation has four essential requisites otherwise known as the elements of obligation. They are: # the obligor: obligant duty-bound to fulfill the obligation; he who has a duty. # the obligee: obligant entitled to demand the fulfillment of the obligation; he who has a right. # the subject matter, the prestation: the performance to be tendered. # a legal bond, the vinculum juris: the cause that binds or connects the obligants to the prestation. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「law of obligations」の詳細全文を読む スポンサード リンク
|