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Obligatio

A legal bond by which one is bound to the performance of some act at the behest and for the benefit of another person ( Inst. iii. 13). It may, however, be of a negative character, in which case the persons bound must abstain from some specified act. Obligationes to be binding must satisfy their creditors:


1.

they must be lawful in nature and form;


2.

they must have a money value to the person in whose favour they are assumed; and


3.

they must be definite and specific. See Savigny's Obligationenrecht (2 vols. 1851-53).

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