Legal Obligation
   HOME



Legal Obligation
The law of obligations is one branch of private law under the civil law (legal system), 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 ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


Private Law
Private law is that part of a civil law (legal system), civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil law (legal system), civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural person, natural and Juristic person, artificial persons (i.e., organizations) and the state (polity), 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. Concept One of the five capital lawyers in Roman law, Ulpian, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental l ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


picture info

Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


picture info

Employment
Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuity, gratuities, bonus payments or employee stock option, stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by Labour law, employment laws, organisati ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


picture info

Real Estate
Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more generally) buildings or housing in general."Real estate": Oxford English Dictionary online: Retrieved September 18, 2011 In terms of law, ''real'' is in relation to land property and is different from personal property while ''estate'' means the "interest" a person has in that land property. Real estate is different from personal property, which is not permanently attached to the land, such as vehicles, boats, jewelry, furniture, tools and the rolling stock of a farm. In the United States, the transfer, owning, or acquisition of real estate can be through business corporations, individuals, nonprofit corporations, fiduciaries, or any legal entity as seen within the law of each U.S. state. History of real estate The natural right of a person t ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


Literal Contracts In Roman Law
Literal contracts (''contractus litteris'') formed part of the Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ... of contract A contract is a legally enforceable agreement between two or more Party (law), parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, Service (economics), ser ...s. 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 Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Roman Republic, Republican period ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


Real Contracts In Roman Law
In Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ..., 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, as Justinian Justinian I (; la, Flavius Petrus Sabbatius Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Eastern Roman emperor from 527 to 565. His reign is marked by the ambitious but ... identifies: ''mutuum'' (loan for consumption), ''commodatum'' (loan for use), ''depositum'' (deposit) and ''pignus'' (pledge). Each varied about the expected standards of c ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


Obligatio Consensu
Consensu or obligatio consensu or obligatio consensu contracta or obligations ex consensuGeorge 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 Praetor, praetorian Lawsuit, 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 other forms of ag ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


Justinian's Institutes
The ''Institutes'' ( la, Institutiones) is a component of the ''Corpus Juris Civilis'', the 6th-century codification of Roman law ordered by the Byzantine empire, Byzantine emperor Justinian I. It is largely based upon the ''Institutes (Gaius), Institutes'' of Gaius (jurist), Gaius, a Roman jurist of the second century A.D. The other parts of the ''Corpus Juris Civilis'' are the ''Digest (Roman law), Digest'', the ''Codex Justinianus'', and the ''Novellae Constitutiones'' ("New Constitutions" or "Novels"). Drafting and publication Justinian's Institutes was one part of his effort to codify Roman law and to reform legal education, of which the Digest also was a part. Whereas the Digest was to be used by advanced law students, Justinian's Institutes was to be a textbook for new students. The need for a new text for first year students was addressed as early as 530 in the constitution "Deo auctore," where reference is made to something "...which may be promulgated to replace the e ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


picture info

Heterogeneous
Homogeneity and heterogeneity are concepts often used in the sciences and statistics relating to the Uniformity (chemistry), uniformity of a Chemical substance, substance or organism. A material or image that is homogeneous 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. Mixture, Heterogeneous Mixtures, in chemistry, is where certain elements are unwillingly combined and, when given the option, will separate. 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, ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


Institutes Of Gaius
The ''Institutes'' ( la, Institutiones; from , 'to establish') is a beginners' textbook on Roman law#Private law, Roman private law written around 161 CE by the classical Roman jurist Gaius (jurist), Gaius. The ''Institutes'' 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 considered to be lost until 1816, when a manuscript of it − probably of the 5th century − was discovered. The ''Institutes'' are divided into four books. The first book considers the legal status of persons (), the second and third deal with property rights ( and ), and the fourth discusses procedural actions (). 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 Verona (Austrian Empire [Italy]). Niebuhr had just accepted a post as Prussian ambassa ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]  


picture info

Gaius (jurist)
Gaius (; ''floruit, fl.'' AD 130–180) was a Roman empire, Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name (''Roman naming conventions, praenomen''). As with his name it is difficult to ascertain the span of his life, but it is safe to assume he lived from AD 110 to at least AD 179, since 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 de ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Bing]   [Yahoo]   [DuckDuckGo]   [Baidu]