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Borkowski's Textbook on Roman Law

Borkowski's Textbook on Roman Law (6th edn)

Paul J. du Plessis
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date: 28 September 2021

p. 2539. Obligations: Common Principles and Obligations Arising from Contractslocked

p. 2539. Obligations: Common Principles and Obligations Arising from Contractslocked

  • Paul J. du PlessisPaul J. du PlessisProfessor of Roman Law, University of Edinburgh, School of Law

Abstract

This chapter discusses the Roman law of obligations. The ‘obligation’, as a seminal part of Roman (and indeed modern) private law, is a legal tie created between individuals on account of voluntary interactions (such as contracts) or involuntary interactions (such as delicts). It begins with a general discussion of the nature and classification of obligations. This is an important aspect of the discussion as it links this particular branch of private law to other areas of Roman private law. It then covers the general features of Roman contracts; consensual contracts; verbal contracts; contracts re; contracts litteris; innominate contracts; pacts; and the quasi-contract. The next chapter is devoted to the other source of obligations, namely delicts and quasi-delicts. These two sources of obligations, namely contract and delict, form the substance of the law of obligations.

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