Construct · 2 fields · 2 citations
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In medieval logic, obligation refers to Obligationes: a rule-governed disputation in which a respondent must grant/deny statements consistently with an accepted positum. This meaning comes from Kretzmann (1982) in The Cambridge history of later medieval philosophy. Here obligation is not a vinculum iuris: a legal bond by which one person is bound to render a performance (give, do, or perform) to another; nor an obligation: a debt security / bond, the issuer's commitment to pay interest and repay principal.[1]
In civil (Roman) law, obligation refers to a vinculum iuris: a legal bond by which one person is bound to render a performance (give, do, or perform) to another. This meaning comes from Zimmermann (1999) in The law of obligations: Roman foundations of the civilian tradition. Here obligation is not obligationes: a rule-governed disputation in which a respondent must grant/deny statements consistently with an accepted positum; nor an obligation: a debt security / bond, the issuer's commitment to pay interest and repay principal.[2]
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