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Encyclopedia Britannica - Main :: NUM-ORC |
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OBLIGATION , in law, a term
contract , in the latter quasi ex contractu, ex delicto, or quasi ex delictothat is to say, from tort, or from acts or omissions to which the law practically attached the same results as it did to contract or tort. Obligatio was used to denote either end of the legal chain that bound the parties, the right of the party who could compel fulfilment of the obligatio, the creditor, or the duty of the party who could be compelled to fulfilment, the debitor. In English law obligation has only the latter sense. Creditor and debtor have also lost their Roman law signification; they have been narrowed to mean the parties where the obligation is the payment of a sum of money. In English law obligation is used in at least four senses(1) any duty imposed by law; (2) the special
instrument under seal, otherwise called a bond; (4) the operative part of a bond. The third use of the word is chiefly confined to the older writers. Simplex and duplex obligatio were the old names for what are now more commonly called a single and a double
fourth, like the third, is a use scarcely found except in the older writers. The word " bond " is of course a mere translation
Statute
long decided that it cannot be so regarded.American law is in general agreement with English, except in the case of Louisiana, where the terms obligor and obligee are used in as wide a sense as the debitor and creditor of Roman law. By art. 3522 of the Louisiana civil code obligor or debtor means the person who has engaged to perform some obligation, obligee or creditor the person -in favour of whom some obligation is contracted, whether such obligation be to pay money or to do or not to do something. The term
marriage
procedure . If it act not upon the terms but upon the remedy, it impairs the obligation if it purport to be retrospective, but it is valid so far as it applies to subsequent contracts.End of Article: OBLIGATION If you wish, you can link directly to this article.
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