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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 enrichment without cause and extra-contractual obligations.
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Introduction
The Law of Obligations is one of the branches of the civil law which includes the Property law and Law of Hypothecs, the Law of Persons, Family Law, Succession law and 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:
- obligations under contracts, both innominate and nominate (for example: sales, gift, lease, carriage, mandate, association, deposit, loan, employment, insurance, gaming and arbitration)
- in unjust enrichment
- management of the property of another (or "negotiorum gestio", the name taken from Roman Law)
- the reception of the thing not due
- the various forms of extra-contractual responsibility between persons known as delicts and quasi-delicts, which are similar to tort and negligence, respectively, 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
Sources of obligations
Contracts
TBD.
Quasi-contracts
TBD.
Extra-contractual obligations
TBD.
Constitution and extinction of obligations
TBD.
Essential elements of the obligations
TBD.
See also
