What Are Obligations Without An Agreement

4. Effective cause – The legal link between the parties and an obligation. This is what binds the parties (for example. B contracts, quasi-contracts). Contractual obligations are the obligations for which each party is legally responsible in a contract. In a contract, each party exchanges something valuable, whether it is a product, services, money, etc. On both sides of the agreement, each party has different obligations in relation to this exchange. For example, a contractual obligation cannot generally be delegated if it involves a unique or artistic know-how that can only be carried out by the party concerned. This type of commitment may vary depending on the details of the contract. In addition to these specific obligations, each contracting party is required to comply with certain general principles and obligations when drafting the contract.

The issue of treaties will soon be debated. It`s a broad subject. What is in this contribution is just a nut shell of what the contract is. Other topics will be published shortly. Keep in touch. You cannot comment on any issue or topic you want to discuss. As noted above, contractual obligations generally depend on the specific purpose of the contract. The contractual obligations of a sales contract may differ significantly from other types of contracts, for example. B a rental agreement. However, most legal agreements contain some of the same types of contractual obligations, such as. B: A contract can be defined overall as a legally applicable agreement. Gaius has categorized contracts into four categories: conensu contracts, oral contracts, re and litteris contracts.

However, this classification cannot cover all contracts, such as. B pacts and appointment contracts; As a result, it is no longer used. In the opinion of many modern lawyers, the most important classification of contracts is that of contracts that require only the agreement of the will to create formal obligations and contracts that must be concluded in a given form in order to be valid (for example, in many European countries, a contract governing the purchase of real estate must be concluded in a specific written form , which is validated by a public notary). [10] The obligations arising from the will of the parties are described as voluntary and the obligations imposed by law are characterized as involuntary. Sometimes they are called conventional and obedience. Events taken into account may continue to be categorized into certain categories. Negotiorum gestio is the voluntary management of the property, business or affairs of another, without his consent or authority, which creates an obligation to reimburse the necessary expenses that the Gestor had spent.9 The undertakings were not initially part of Roman law, which concerned mainly matters of succession, property and family relations. It developed as a solution to a gap in the system when one party committed injustices against another party. These situations were originally governed by a basic customary law of revenge. [2] This undesirable situation eventually turned into a system of responsibility in which people were first encouraged and then essentially forced to accept financial compensation from the criminal or his family, instead of seeking revenge. This marked an important turning point in the law away from revenge and balance.

The state has supported these efforts by providing standardized amounts for certain errors.