What was an Obligation? It is defined by the Roman lawyers as "Juris
vinculum, quo necessitate adstringimur alicujus solvendae rei." This
definition connects the Obligation with the Nexum through the common
metaphor on which they are founded, and shows us with much clearness
the pedigree of a peculiar conception. The Obligation is the "bond" or
"chain" with which the law joins together persons or groups of
persons, in consequence of certain voluntary acts. The acts which have
the effect of attracting an Obligation are chiefly those classed under
the heads of Contract and Delict, of Agreement and Wrong; but a
variety of other acts have a similar consequence which are not capable
of being comprised in an exact classification. It is to be remarked,
however, that the act does not draw to itself the Obligation in
consequence of any moral necessity; it is the law which annexes it in
the plenitude of its power, a point the more necessary to be noted,
because a different doctrine has sometimes been propounded by modern
interpreters of the Civil Law who had moral or metaphysical theories
of their own to support. The image of a _vinculum juris_ colours and
pervades every part of the Roman law of Contract and Delict. The law
bound the parties together, and the _chain_ could only be undone by
the process called _solutio_, an expression still figurative, to which
our word "payment" is only occasionally and incidentally equivalent.
The consistency with which the figurative image was allowed to present
itself, explains an otherwise puzzling peculiarity of Roman legal
phraseology, the fact that "Obligation" signified rights as well as
duties, the right, for example, to have a debt paid as well as the
duty of paying it. The Romans kept in fact the entire picture of the
"legal chain" before their eyes, and regarded one end of it no more
and no less than the other.
Public-domain text, read in full here on John Shaqi.
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