Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

OBLIGATIONES. OBLIGATIONES. 819
tamled that the debtor was still under his obligatio, from Contracts, Gaius (iii. 182) passes to the con.
but if the money was demanded of him by the sideration of Obligationes "quae ex delicto oricreditor he had a good plea of dolus malus (exceptio untur;" and these delicts which are the founddoll nzali). ation of these obligatiolies, are FURTUM, BONA
An obligatio might be terminated by Accepti- RAPTA or RAPINa, DAMNUva and INJURIA. All
latio. An obligatio contracted per aes et libram these obligationes he considers to be comprised in
migaht be determined in the same way, and also one genus, whereas the obligationes ex contractu
one arising, " ex judicati causa." [NExvun.] An are distributed into four genera.
obligatio might also be determined by Novatio, The arrangement by the Roman jurists of Obliwhich is the change of an existing duty (debitoe1) gationes ex delicto with Obligationes ex contractu,
into another obligation, and the determination of was founded on tile circumstance that both classes
the former obligation. (Dig. 46. tit. 2. De Nova- of Obligationes were the foundation of rights against
tionibls et Deleyationzibus.) This is explained by a determinate individual or determinate indivithe following instance (Gaius, iii. 176): - If I duals; but there is an important difference in the
stipulate that Titius shall give me what is due origin of the two rights. The rights ex contractu
from you, a new obligatio arises by tile interven. are rights founded on lawful acts; and rights ex
tion of a new person, and the former obligation is delicto are rights founded on infringements of other
determined by being replaced by the latter; and rights.
sometimes a former obligatio may be determined The Obligationes quasi ex contractu are not
by a subsequent stipulatio, though the subsequent enumenated by Gains, but they are discussed in
stipulatio may be invalid.- If the stipulation was the Institutes of Justinian (3. tit. 27). These
from the same person, it required the addition of Obligationes do not properly arise either from consomlething to effect a Novatio, as the addition of a tract or delict, but inasmuch as they are founded
condition, or a sponsor, or the circumstance of on acts, which are not delicts, they were considered
adding to or subtracting from the tinle contained in as belonging to contract rather than to delict. Inthe terms of the covenant. As to the case of a stances of these quasi contracts, enumerated in the
condition, it was the law in the time of Gaius that Institutes, are " absentis negotiorum gestio " [NEthere was no Novatio until the condition was ful- cOTImOasR GESTORUM ACTIO], the'"tutelae jufilled, and till that time the fornmer obligatio con- dicium," a " communis res sine societate," as when
tinued. The opinion of the great jurist Servius a thing has been bequeathed and given to several
Sulpicias as to the addition of a condition imnse- persons; and some other instances.
diately effecting a Novatio, was not lahw in the These quasi contracts are arranged in the Institime of Gains (alioju'e utimur'). tutes of Justinian after Obligationes ex contractu;
An obligatio was also determined by the Litis and the Obligationes quasi ex delicto are placed
contestatio, if the proceedings had taken place in, a immediately after the Obligationes ex delicto.
Iegitimaum judicium. It is stated generally under Instances of these Obligationes quasi ex delicto,
the articles Litis contestatio and Legitimum judi- enumerated in the Institutes (4. tit. 5), are, "si
ciumr, what is the import of these terms respec- judex litem suam fecerit," and the case of "detively. The originalol)ligation (piincipalisobligatio) jectum effusumve," and others. [DEaJECTI, &C.]
was determined by the Litis contestatio, and the The nature of an Obligatio may now be more
defendant (reiss) was then bound (teneturs) by the clearly understood. An Obligatio implies two
Litis centestatio. If he was condemned, the Litis subjects or persons at least, creditor; or he who
contestatio ceased to have any effect, and he was has the right, and debitor. or he who oowes the
bound by the judgment (ex causajszdircai). It was duty: these two terms, which strictly apply to
a consequence of these doctrines that after a Litis creditor sand debtor in the common sense, are also
contestatio in a Legitimam jutdicium, a man could used to express generally the relation of the parties
not bring his action on the original contract, for if to an Obligatio. Obligatio (literally a binding)
his declaration or demand was Dari mihi oportere, primarily denotes the facts by which the legal
it was bad (izztilis), for aftter the Litis contestatio relation between the parties is established. It
the Dari oportere hlad ceased. In the case of a also denotes the duty or obligation owing by one
Judicium quod imperio continetur, the obligatio of the parties to the contract (debitor) to the other
existed and the action could be brought, but the party (creditor), if the obligatio is unilateral; and
gemand might be answere'd by a; plea (exceptio) the duties mutually owing from the one to the
of a res jldicata or iln judicinm deducta. In the other, if the obligatio is bilateral. The word,
jadicia qmae imperios &c., the exceptio rei judi which, as opposed to obligatio or "binding," excatae corresponds to the condeumnatio in the Legi- presses the determination of such binding, is
tima judicia, and the Ecxceptio rei in judicium " s;ttio;` and genoe aly some form of the word
deductae to the Litis contestatio. (Keller, Ueber "solvo " is the appropriate term to express the
Litis ontesiolaion, p. 11, &c.; Gaius, iii. 180.) legal! termination of the obligatio. But inasmuch
Obligationes arising from Contract passed by as duties owing by one party to the contract, or
universal succession to the heres. There were no duties mutually owing by the parties to the conmeans of transferring Obligationes from the credi- tract, imply a right in the other party to the contor to another person, exceut by a Novatio, which tract, or imply mutual rights in thile parties to the
was effected by the assignee stipulating with the contract, the word obligatio is often used to express
debitor with the consent of the creditor, the effect also the right which is established by the obligatio:
of which was to release the debitor from his former and it is also used to expr'ess the whole relation
Obligatio and to bind him by a new one. If this between debitor and creditor. Thus, the right of
novatio was not effected, the assignee could only the Creditor is spoken of as his Obligatio, and the
sue as the cognitor or procurator of the assignor, duty of the Debitor as his Obligatio. There is no
and not in his own name. (Gaius, ii. 38, &c.) special namie in the Roman law for a right against
From the consideration of Obligationes arising a deteriminaite person or determinate persons. The
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