Legal Obligation
The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. 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. History The word originally derives from the Latin "obligare" which comes from the root "lig" which suggests being bound, as one is to God for instance in "re-ligio". This term first appears in Plautus' play Truculentus at line 214. Obligations did not originally form part of Roman Law, which mostly ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Private Law
Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. In legal systems of the civil law tradition, it is that part of the that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law tradition), and the law of obligations (as it is called in the civil law tradition). Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ''ius publicum'' from ''ius privatum'' – the European, more exactly the continental law, p ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Negotiorum Gestio
''Negotiorum gestio'' (, Latin for "management of business") is a form of spontaneous voluntary agency in which an intervenor or intermeddler, the ''gestor'', acts on behalf and for the benefit of a principal (''dominus negotii''), but without the latter's prior consent. The gestor is only entitled to reimbursement for expenses and not to remuneration, the underlying principle being that ''negotiorum gestio'' is intended as an act of generosity and friendship and not to allow the gestor to profit from his intermeddling. This form of intervention is classified as a quasi-contract and found in civil-law jurisdictions and in mixed systems (e.g. Louisiana, Scots, South African, and Philippine laws). For example, while you are traveling abroad, a typhoon hits your home town and the roofing of your house is in danger. To avoid the catastrophic situation, your neighbour does something urgently necessary. You are the 'principal' and your neighbour here is the 'gestor', the act of whi ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Notary Public
A notary public ( notary or public notary; notaries public) of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person (for purposes of signing a document); administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments (e.g., of deeds and other conveyances); provide notice of foreign drafts; provide Exemplified copy, exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction (area), jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term ''notary public'' only refers to common-law notaries and should not be confused wit ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Literal Contracts In Roman Law
Literal contracts (''contractus litteris'') formed part of the Roman law of contracts. Of uncertain origin, in terms of time and any historical development, they are often seen as subsidiary in the Roman law to other forms. They had developed by at the latest 100 BC, and continued into the Late Roman Empire. The form itself was a written entry in some form of account book, which Gaius describes as either replacing an existing obligation from another source, or transferring a debt from one person to another. At least the second form was unavailable to peregrines. It seems to have been limited to certain sums which were unconditional and which had the consent of the debtor. Its later development was shaped by changes in the oral contract, the '' stipulatio''. Origin The origin of the literal contract is uncertain. It is only towards the end of the second century BC that the evidence is suitably lucid for its existence. The ability to discern a distinction between financial acco ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Real Contracts In Roman Law
In Roman law, contracts could be divided between those ''in re'', those that were consensual, and those that were innominate contracts in Roman law (Contratti innominati (diritto romano)). Although Gaius only identifies a single type of contract ''in re'', it is commonly thought that there were four types of these, as Justinian identifies: ''mutuum'' (loan for consumption), ''commodatum'' (loan for use), ''depositum'' (deposit) and ''pignus'' (pledge). Each varied regarding the expected standards of care, transfer of ownership, and other practicalities stemming from the purpose of each. They all involved the delivery of a physical thing, which was a defining characteristic of such contracts. They were generally supplemented by the ''stipulatio'' and an inominate contract, which allowed additional provisions, such as interest, to be added to contracts ''in re'' making them more suitable for commercial applications. General features Justinian identifies four types of real contract � ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Obligatio Consensu
''Consensu'' or ''obligatio consensu'' or ''obligatio consensu contracta'' or ''obligations ex consensu''George Bowyer, ''Commentaries on the Modern Civil Law'' (London: V & R Stevens and G S Norton, 1848), chapter 26p 201 or ''contractus ex consensu'' or ''contracts consensu'' or ''consensual contracts'' or obligations by consent are, in Roman law, those contracts which do not require formalities. These contracts were formed by the mere consent of the parties, there being no requirement for any writing or formalities, nor even for the presence of the parties. Such contracts were bilateral, that is to say, they bound both parties to them. Such contracts depended on the '' ius gentium'' for their validity and were enforced by praetorian actions, ''bonae fidei'', and not by actions ''stricti juris'', as were the contracts which depended on the classical ''ius civile'' of Rome. The term ''consensual'' does not mean that the consent of the parties is more emphatically given than in o ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Heterogeneous
Homogeneity and heterogeneity are concepts relating to the uniformity of a substance, process or image. A homogeneous feature is uniform in composition or character (i.e., color, shape, size, weight, height, distribution, texture, language, income, disease, temperature, radioactivity, architectural design, etc.); one that is heterogeneous is distinctly nonuniform in at least one of these qualities. Etymology and spelling The words ''homogeneous'' and ''heterogeneous'' come from Medieval Latin ''homogeneus'' and ''heterogeneus'', from Ancient Greek ὁμογενής (''homogenēs'') and ἑτερογενής (''heterogenēs''), from ὁμός (''homos'', "same") and ἕτερος (''heteros'', "other, another, different") respectively, followed by γένος (''genos'', "kind"); -ous is an adjectival suffix. Alternate spellings omitting the last ''-e-'' (and the associated pronunciations) are common, but mistaken: ''homogenous'' is strictly a biological/pathological term whic ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Civil Wrong
A civil wrong or wrong is a cause of action under civil law. Types include tort, breach of contract and breach of trust. Something that amounts to a civil wrong is wrongful. A wrong involves the violation of a right because wrong and right are contrasting terms. An 1860 legal ruling stated that: "It is essential to an action in tort that the act complained of should under the circumstances be legally wrongful as regards the party complaining; that is, it must prejudicially affect him in some legal right". The law that relates to civil wrongs is part of the branch of the law that is called the civil law. A civil wrong can be followed by civil proceedings. It is a misnomer to describe a civil wrong as a " civil offence". The law of England recognised the concept of a wrong before it recognised the distinction between civil wrongs and crime In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Institutes (Gaius)
The ''Institutes'' (; from , 'to establish') are a beginners' textbook on Roman private law written around 161 AD by the classical Roman jurist Gaius. They are considered to be "by far the most influential elementary-systematic presentation of Roman private law in late antiquity, the Middle Ages and modern times". The content of the textbook was thought to be lost until 1816, when a manuscript of it − probably of the 5th century − was discovered by Barthold Georg Niebuhr. The ''Institutes'' are divided into four books: The first book considers the legal status of persons (), the second and third deal with things (), while the fourth discusses Roman civil procedure (). The original Latin text with an English translation by Francis De Zulueta covers around 300 pages (with critical notes). Discovery and textual history An almost complete version of the ''Institutes'' was discovered by Barthold Georg Niebuhr in 1816 in the form of a palimpsest in ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Gaius (jurist)
Gaius (; ''floruit, fl.'' AD 130–180) was a Roman Empire, Roman jurist. Little is known about his personal life, including his name (Gaius or Caius being merely his personal name (''Roman naming conventions, praenomen'')). It is also difficult to ascertain the span of his life, but it is assumed he lived from AD 130 to at least AD 179, as he wrote on legislation passed within that time. From internal evidence in his works it may be gathered that he flourished in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works were thus composed between the years 130 and 180. After his death, however, his writings were recognized as of great authority, and the emperor Theodosius II named him in the ''Law of Citations,'' along with Papinian, Ulpian, Herennius Modestinus, Modestinus and Julius Paulus, Paulus, as one of the five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly beca ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Condictio Indebiti
In Roman law and the civil legal systems descending from it, the is a legal action () whereby a plaintiff may recover what he has paid the defendant by mistake; such mistaken payment is known as . This action does not lie # if the sum was due , or by a natural obligation; # if he who made the payment knew that nothing was due, for {{lang, la, qui consulto dat quod non debet, praesumitur donare (who gives purposely what he does not owe, is presumed to make a gift). The action is extant in civil (Roman) or hybrid law regimes, e.g. Norway, South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ... and Scotland .See e.gThe common law of South Africa By Manfred Nathan, Johannes Voet/ref> See also *Condictio causa data causa non secuta § 812 I 1 1. Alt BGB (German Civil Cod ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |