Obligatio, the binding legal relationship between two parties, forms the basis of the Roman law of Obligations. to have arisin out of either contract or delict. However, the opinion of Gaius and later Justinian began to change as the laws of contract and delict began to develop, giving rise to new classifications. Due to the length of time that obligatio and the early forms of contract and delict have existed, there is no conclusive evidence of obligatio’s exact origin, leaving it to be the subject of debate.
The terms obligatio and obligation are similar in nature as they both refer to the legal bond between two parties, the one having a right and the other, a duty. Although they are used interchangeably, as Professor Reinhard Zimmerman pointed out, these terms are not exactly the same. The term obligation is defined as the “legal relationship that existed between two persons in terms of which one person was obliged toward the other to carry out a certain duty or duties”. Although the term does recognise both the right of the creditor and the duty of the debtor, the basis of this legal bond is the duty to perform. However, the legal bond or vinculum iuris, can be looked at from either side . ????
The vinculum iuris has been created between two…show more content… These classes were called obligationes civiles and obligationes honorariae or praetoriae. The main distinction between these classes was that the citizens of Rome formed part of the civil law, whereas the magistrates and praetor did not. This brought forth another distinction, the distinction of obligationes stricti iuris (strict law) and obligationes bonae fidei (good faith). The obligation of strict law was strictly bound by the ius civile, whereas obligations of good faith were less strict and good faith and equity were considered in judge’s decisions when enforcing