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Execution of obligations in Roman law

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The original Roman law was unaware of the concept of obligation and contract as they are conceived in the law of the present day. The current form was brought to the forefront and the principle of "contrary news" dominated. Therefore, formal processes were put in place to enable the fulfillment of obligations by debtors. The Justinian Institute gives a definition of the obligation as follows: "The obligation is a legal relationship by which we are bound by the need to pay anything under the law of our city?. This definition highlights both the legal nature of the bond and the specificity of Roman obligations.

The obligation is the execution of a performance. As the holder of an interest in asserting its right directly on one thing, one may assert the claim against anyone who violates his right and on the contrary, the contract law has no direct right to be of benefit due to him. For example, in the loan agreement, only the debtor may be sued for payment by the creditor, because the right of the latter has only a relative perfection. In a contract of sale, the buyer in possession has only a personal right and can only say that the debtor has to transfer the property in question. He has no right to follow the thing if the debtor transfers it to someone else; he will get damages for breach of the service promised. The concept of execution is as subject to the obligation not to perform or complete a physical act. The debtor is not released in principle by providing something else. It can, however, be done with the consent of the creditor. Payment can be made by someone other than the debtor, as long as he has the legal capacity to do so.

The interest of this analysis will focus on how the bonds run in Roman law. We will stick to the mere fulfillment of obligations. It appears that formalism holds a prominent place in Roman law, not only for the creation of obligations, but also for their implementation. The actual execution of the obligations in Roman law through the solutions and payment, in the broadest sense of the term will be studied.

The Justinian Institute gives a definition of the obligation which has remained famous: "the obligation is a legal relationship by which we are constrained to the need to pay anything under the law of our city." (III, 13, Pr) This definition highlights both the legal nature of the bond obligation (legal relationship) and specificity of the Roman obligations (under the law of our city)

The lawyer Paul in the Digest believes that "the essence of the obligations is not to acquire ownership or an easement on a specific object, but to compel another person to do something to us, or we guarantee a certain result "The obligation is to the performance of a service.

The distinction is even clearer in procedure, the holder of a right has the action for recovery, however, the creditor of the obligation, for example in a sales contract, the buyer, only holds a personal right, and cannot assert that the debtor shall transfer the property in question.

Tags: original Roman law, Justinian Institute, concept of execution

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