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Law of obligations
From Wikipedia, the free encyclopedia
The Law of Obligations is one of the component private law elements of the civil law system of law (as well as of mixed legal systems, such as Scotland, South Africa, and Louisiana) and encompasses contractual obligations, quasi-contractual obligations such as unjust enrichment and extra-contractual obligations. The Law of Obligations is one of the branches of the civil law which includes the Property law, the Law of Persons, Family Law, Succession law, Law of Hypothecs, the Law of Prescription. The Law of Obligations finds its origins in Roman law.
The Law of Obligations seeks to organize and regulate the voluntary and semi-voluntary legal relations available between moral and natural persons under as (1) obligations under contracts, both innominate and nominate (for example: sales, gift, lease, carriage, mandate, association, deposit, loan, employment, insurance, gaming and arbitration), (2) in unjust enrichment, (3) management of the property of another (or "negotiorum gestio", the name taken from Roman Law), (4) the reception of the thing not due and (5) the various forms of extra-contractual responsibility between persons known as delicts and quasi-delicts, which are similar to tort at common law. Despite the relatively distinct nature of these various sources of obligations, they are considered together under a law of obligations on the basis that all are instances where a debtor has a duty to execute a certain performance towards a creditor.
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