Contract I

• What does the law of "obligations" refer to?

  It refers to the legal relations owed between persons.
• What does the term "obligatio" imply in legal terms?

  It implies a duty that one party owes to another, indicating a binding relationship.
• What are the two ways someone might be tied to another by an obligation?

  1. Through a voluntary agreement (contract) 2. Through wrongdoing (delict).
• How is the concept of "law of obligations" significant in Roman Law?

  It is one of the most impactful concepts and is still in use today with more nuance.
• How does English law differ from Roman law regarding contracts?

  English law studies the law of contract, while Roman law studies the law of contracts.
• What should be noted for each action in Roman law regarding contracts?

  1. Its name
  2. Who could use it, and against whom
  3. In what circumstances
  4. What outcome it would result in (e.g., measure of damages)
• What questions should be asked for each contract studied in Roman law?

  1. What type of contract was it?
  2. How was it formed? Any special formal requirements?
  3. What did each party have to do?
  4. How would the contract be breached?
  5. What actions were brought for its enforcement?
  6. What remedy resulted?
  7. Were these features general or specific?
• What is a central aspect of the Roman law of contracts?

  A system of nominate contracts, each with their own actions, is central to Roman law of contracts.
• What is the inherent tension in the Roman law of contracts?

  While contracts were conceptually unified, they also had specific rules that applied to each contract.
• Into how many categories were contracts subdivided in Roman law?

  Contracts were subdivided into four categories: oral, written, real, and consensual.
• Which type of contract was considered the most important in practice in Roman law?

  Consensual contracts were considered the most important in practice.
• What does the law on "agency" refer to in the context of Roman contracts?

  It refers to one person entering into contracts on behalf of another person.
• What was the most important oral contract in Roman law?

  The stipulatio was the most important oral contract.
• What are the two interesting aspects of stipulatio in Roman law?

  1. The rigid method of formation and its evolution towards substance; 2. The significance of writing in its formation.
• What makes real contracts "real" in Roman law?

  Real contracts depend on the delivery of property.
• What are the four types of real contracts in Roman law?

  Mutuum, commodatum, depositum, and pignus.
• What is an example of a real contract in Roman law?

  A commodatum, where a thing is loaned for use, is an example of a real contract.
• What does the term "obligatio" literally mean?

  It suggests that something or someone is bound to something, similar to the root of "religion".
• How does Justinian define an obligation in the Institutes?

  As a legal tie binding us to the necessity of making some performance according to the laws of our state.
• What is the relationship between debtor and creditor in the context of obligations?

  The debtor is bound to perform a duty, while the creditor holds the right to that performance.
• How are obligations generally associated in juristic writings?

  Obligations are generally associated with actions.
• How are real rights defined in relation to obligations?

  Real rights are enforceable over a corporeal thing.
• What is the substance of an obligation?

  The substance is the duty that the debtor has to perform, failure of which is redressable by action.
• What are the two definitions of obligation in the Justinianic Compilation?

  1. A legal bond binding us to perform something according to the laws of our state; 2. Binding someone to give, do, or perform something.
• What criticism does Thomas have regarding the definitions of obligation?

  He criticizes them as too wide, potentially including family and personal rights outside obligation.
• How was true obligation defined under classical law of Rome?

  True obligation was a right/duty relationship created by the act of parties, enforceable by civil law action.
• What does obligation postulate in terms of rights and duties?

  Obligation postulates a right that is correlative to the duty involved.
• How did praetorian actions change the redress for delict in classical law?

  Praetorian actions replaced much of the redress for delict.
• What happened to the distinction between civil obligations and praetorian innovations during Justinian’s time?

  The distinction disappeared during Justinian’s time.
• What was the significance of the XII Tables in relation to obligations?

  The XII Tables introduced the concepts of sponsio and nexum, which were foundational to obligations.
• What was the nature of nexum in Roman law?

  Nexum was an act associated with loans, where the debtor pledged labor or personal service as security.
• What was required for a debtor to become discharged from nexum?

  The debtor had to pay what he owed and perform a counter act of per aes et libram.
• How was enforcement of non-payment handled in both nexum and sponsio?

  Enforcement was by manus iniectio, but lex Poetilia later changed this to allow debtors to work off their debt.
• How did the focus of developed law shift after the lex Poetilia?

  The focus shifted to the obligation itself, serving as the essential connection between creditor and debtor.
• What does the possibility of buying off revenge for delict imply in Roman law?

  It implies that victims of delict should seek legal action and damages rather than self-help.
• What obligation arises if C steals D's book?

  C is under duty to pay D a penalty.
• What right does D have if C steals D's book?

  D has a right to payment of penalty.
• What was the requirement for an informal agreement to be considered a contract in Roman law?

  • It had to satisfy the requirements of one or other of the listed contracts.
• What were the consequences of the defined terms in Roman contracts?

  1. Established terms provided default rights and duties.
  2. Strict form requirements meant correct legal form was necessary.
  3. Legal gaps existed for agreements not fitting recognized contract types.
• How did stipulatio help address legal gaps in Roman law?

  Stipulatio helped enforce agreements that did not fit recognized contract types.