Download This PaperIssues of the Origin and Development of ‘Obligatio’ in the Light of Its Transferability
Proceedings of the International Scientific Conference on Human Rights – 70 Years Since the Adoption of the Universal Declaration of Human Rights, 2019
15 Pages Posted: 7 May 2020
Date Written: December 12, 2019
Abstract
: The following article is aimed at tracing the legal development of “obligatio” from its origin until its present notion. It starts by putting Gaius’s classification of corporeal (res corporales) and incorporeal (res incorporales) things to critical analysis. The article takes into consideration the ambiguity of “obligatio” and aims to clarify its proper content in the light of this binary opposition. The influence of Pandectist legal doctrine in shaping the notion of “obligatio”, its departure from the “res” classification and, ultimately, the reception of Pandectist theory in modern civil codes is present as well. As a final point, the article deals with the present-day notion of “obligatio” in the context of its transferability and intransferability.
Keywords: Digest, res incorporales, law of obligations, assignment of rights, contractual prohibition on assignment
JEL Classification: K10
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