hoxgroepen

Hoxgroepen is a concept in the philosophy of law introduced by Jhering in the 19th century. Translated from Dutch, it literally means "Hoth groups". It refers to certain pecuniary obligations that are characterized by a lack of regular contractual elements, and are therefore considered to be non-contractual obligations.

The distinguishing feature of hoxgroepen is that they consist of a collection of obligations that originate from a single source, but are not formally contractual in nature. Examples of hoxgroepen include joint and several liabilities, partnership debts, and debts owed in a trust arrangement. In each of these cases, an individual is not formally bound by a specific contract, but rather is liable for the debt due to their association with the other party.

Hoxgroepen can be contrasted with what Jhering termed "contracteweزة" or regular contractual obligations. While the former lacks formal contractual elements, the latter are characterized by precise, well-defined terms and mutual obligations between two parties. Jhering argued that hoxgroepen are inherently less desirable because of their lack of clarity and potential for disputes.

Hoxgroepen have been significant in shaping the Dutch case law, particularly in tort law. Their peculiar nature has led to various complex cases being resolved in court. This has in turn led to the refinement of the law surrounding collective obligations, piecing together constructs for understanding responsibilities among multiple parties.

In addition, this concept has applicability within areas like economics and finance. Understanding hoxgroepen can aid businesses in forming partnerships or shared liability agreements.