Donald Trupm Obligation and Roman Law

Donald Trupm Obligation

justinian defined an obligation as the vinculum juris legal tie betweeen two or or more persons which binds some or one of them to do or not to do
something for the benefit of the others.the obligation is the bond or chain with which the law enjoins together persons or groups of persons in consequence of some
voluntary acts.it is the law which annexes the obligation which signifies a right as well as a duty.the law of obligation defines right in personam as
distinguished from right in rem.A right in personam is available against a determinate individual or individuals,whereas a right in rem is available against the whole word


Source of Obligation-Under The Roman law the following were the sources of Obligation:-

1 Contact
2 Quasi-Contact
3 Delict.
4 Quasi-Delict.

Contact
A contact is a bilateral convention or agreement; It creates an obligation which is enforceable at law.A Convention is a pact between two or more parties
regarding a matter in which they are interested,a contact is a species of the genus pact.Every Contract is a pact but every pact is not a contact
An Agreement enforceable at all,is called nuda pacta which is unclothed with obligation,

According to Maine The Origin of Roman Contract can be Traced To nexum Which was the earliest form of contract.The nexum,like the mancipatio,was a transaction
per aes et libram.The mancipatio was a sale and the nexum was a money loan.The Parties to the Contract were said to be next. the nexum dates back
to the time when there was no coined money.the lender and borrower met in presence of five Roman citizens above the age of puberty and libripens
holder of the balance.The lender put into the scale the metal to be lent and the libripens weighed it and handed over to the borrower.The lender
Declared that the borrower had become his debtor.Thereupon the debtor was regarded as nexus tohis creditor i.e. bound in his own person to the creditor
could enforce payment by manus injectio and make the debtor a slave in satisfaction of the debt.after the introduction of the coined money the metal was
no longer weighed out.The Money Loan was paid directly by the Lender to the borrower,But the formal part of the nexum was retained,The lender merely
Touched the scale with a coin and the formality continued to confer upon the lender the right to subject the debtor to manus injectio.The nexum had fallen into disuse when
a lex poetelia of about 300 B.C, Mitigated the severity of its remedy by substituting execution on the borrower's goods for ecxecution on his person,and in the time
of the classical jurists a money loan would ordinarily be made by means of mutuum. The nexum Became obsolete in the time of Justinian

Elements of Contract:- The essential elements of Roman Contract are the following: capacity of the party,Consensus of minds Legality of object and causa

Capacity of the party: The parties to a contract must have the contractual capacities. The parties to a Contract must have the contractual capacities. The incapacities arose from
minority,Insanity,sex,Etc,in Roman Law a minor was not competent to contact without the auctoritas of the tutor