Indebiti solutio

Abstract

Justinian defines obligation as juris vinculum quo necessitate adstringimur alicujus solvendae rei secundum nostrae civitatis jura, that is, the Institues define obligation as a legal bond by means of which we are compelled by a necessity of performing something according to the laws of our country. This definition is wide and seems to capture all rights in person am capable of evaluation in monetary terms or pertaining to proprietary rights - hence excluding rights arising from family relations or from public law. Justinian includes some, though not all, praetorian rights and duties. The Institutes Book III title XIII "of Obligations" states: 1 The principal division of obligations is into civil and praetorian. Civil obligations are created by statutes or, at 1 east, approved by the Civil law. Praetorian Obligations are those which the praetor has created in the exercise of his jurisdiction. They are also called honorary. 2 The next division of obligations is into four species. For they arise either from contract or on the analogy of contract, or from delict or the analogy of delict. In the second of the above two species of obligations, therefore, Justinian makes a fourfold classification consisting of obligations arising ex-contractu, contractu, ex-delicto and quasi ex-delicto.