obligatio

Obligatio is a Latin term used in private law to describe a binding duty or legal bond between two or more parties. In Roman law and in many civil law traditions, an obligatio arises when one party (the debtor) owes a performance to another (the creditor). The performance can be giving, doing, or refraining from something, and the failure to perform typically gives the creditor a right to remedies.

The concept is foundational in civil law, where obligations are a core category of private law. Obligations arise from several sources: ex contractu (from contracts), ex delicto (from wrongful acts or delicts), and ex quasi delicto (from unjust enrichment or semi-contractual situations). A contract creates a duty to fulfill specific terms; a delict creates a duty to repair damage caused by fault; a quasi-contract establishes an obligation to prevent unjust enrichment.

Key elements usually include a creditor’s right to demand performance, a debtor’s duty to perform, and a prescribed object or conduct that is lawful and possible. The relief for breach may include specific performance where available, or damages to compensate the creditor, often with interest and costs.

Obligations terminate upon fulfillment of the duty, mutual release, or other mechanisms such as novation (replacing the obligation), settlement, abolition, impossibility of performance, or prescription (time limits). The concept also covers obligations to pay money, to transfer property, or to provide a service.

In contemporary legal systems, obligatio remains a central organizing principle of private law, integrally linked to contracts, tort-like violations, and related remedies. The precise rules and terminology vary across jurisdictions, with some using the term obligatio less frequently outside academic or historical contexts.