Roman Law II - Law of Obligations and Inheritance

Comprehensive vocabulary flashcards covering the fundamental concepts of Roman Law of Obligations, including definitions of obligation types, liability standards, damage types, and interest regulations.

Obligatio (Obligation)

A legal bond whereby a debtor is bound to provide a service, and a creditor is entitled to compel the debtor to perform that conduct.

In personam actio

A legal action against a specific person, characteristic of the relative structure of obligations.

In rem actio

A legal action effective against everyone, characteristic of real rights (dologi jog) where ownership is valid against all.

Obligatio civilis

Obligations created by constitutionally recognized Roman legislative bodies.

Obligatio honoraria

Obligations created by imperial officials, primarily the praetor.

Obligatio stricti iuris

Legal institutions of the early Republican era bound to rigid forms.

Obligatio bonae fidei

Modern order of obligations emerging in the 3rd century BC due to the appearance of good faith (bona fides).

Naturalis obligatio

Natural obligations that do not possess the possibility of being enforced by action (peressíthetőség) but may have other legal effects.

Debitor

The debtor or obligor who owes a service to the creditor.

Creditor

The creditor or beneficiary who is entitled to the debtor's service and can demand its performance.

Peculium

A separate property given to a family child (családgyermek) where the head of the family (családfő) may be liable for debts incurred.

Obligationes unilaterales

Unilateral obligations where only one service is involved; the debtor only owes and the creditor only demands (e.g., penzlöfcsön payback).

Obligationes bilaterales aequales

Equal bilateral obligations where two equal services face each other, such as sale (adásvétel) or lease (bérlet).

Obligationes bilaterales inaequales

Unequal bilateral obligations where one service exists but a counter-claim of different weight may arise during execution (e.g., deposit or mandate).

Solidaritas (Joint and several liability)

Undivided multi-party obligation where the debt or claim is not shared; any creditor can ask for the full amount once, or any debtor can be asked to pay the full amount.

Regressus

A claim for reimbursement by a co-debtor against other co-debtors after having paid the full debt to the creditor.

Beneficium divisionis

The privilege of division introduced by Justinian, allowing a debtor to demand that the creditor split the claim among currently present solvent co-debtors.

Cumulatio (Cumulation)

When several independent obligations of the same type exist side by side, such as in the case of theft committed by multiple people.

Dare service

A primary service involving the transfer of ownership or a servient (szolgalmi) right.

Facere service

A primary service involving active conduct, doing or not doing, such as building a house or transport.

Praestare service

A service involving standing for something (helytállás), such as warranty, suretyship, or liability.

Obligatio alternativa

An alternative obligation where two or more services are included, but performing one terminates the obligation.

Facultas alternativa

A facultative service where only one service is included in the obligation, but the debtor is permitted by law to perform with another service instead.

Usurae / Foenus

Interest; a periodically recurring consideration expressed as a fraction for the use of money or other fungible things.

Interest rate limits under Justinian

Maximum annual rates: general $6\,$, sea loans $12\,$, merchants $8\,$, and nobles/elites $4\,$.

Damnum emergens

Actual damage where a property is destroyed, damaged, or its usability ceases.

Lucrum cessans

Lost profit; when expected wealth growth or legally expected profit fails to occur due to a damaging act.

In integrum restitutio

The most basic method of compensation: restoring the original state, such as returning a stolen item and its offspring.

Verum rei pretium

The objective market or trade value of a thing.

Lex Rhodia

A special legal provision regarding the distribution of damages (kármegosztás) in maritime law.

Iniuria (Unlawfulness)

Conduct that conflicts with the legal order, which can be active (cselekvő) or passive (jogsértő nemtevés).

Dolus

Intentionality; knowing and wanting the result of an unlawful conduct.

Culpa

Negligence; the failure to exercise expected care (diligentia).

Culpa lata

Gross negligence; the neglect of care that even an average person would exercise.

Culpa levis

Slight negligence; the neglect of the care of a good head of family (bonus pater familias).

Culpa in eligendo

Liability for the choice of performance assistants; the entrepreneur is responsible for damages caused by their chosen assistants.

Casus maior / Vis maior

Force majeure; an irresistible force or event that human power cannot resist, such as war or natural disasters.

Custodia liability

Custodial liability where the debtor is liable for items in their custody even for minor accidents (casus minor), regardless of fault.

Utilitas principle

The principle of utility introduced in the Classical era to determine different liability standards based on who benefits from a contract.

Levissima culpa

The neglect of the care expected of the most careful head of the family, appearing in the Justinianic era.