The law of obligations is one of the component private law elements of the civil system of law.

It includes contract law, delict law, quasi-contract law, and qu asi-delict law. The law of obligations seeks to organize and regulate the volunt ary and semi-voluntary legal relations available between moral and natural perso ns with respect to 1. obligations under contracts, both innominate and nominate (for example: sales, gift, lease, carriage, mandate, association, deposit, loan, employment, i nsurance, gambling and arbitration) 2. in unjust enrichment 3. management of the property of another (or "negotiorum gestio", the name taken from Roman Law) 4. the reception of the thing not due 5. the various forms of extra-contractual responsibility between persons kn own as delicts and quasi-delicts, which are similar to tort and negligence, resp ectively, at common law. Despite the relatively distinct nature of these various sources of obligations, they are considered together under a law of obligations on the basis that all ar e instances where a debtor has a duty to execute a certain performance towards a creditor. History of the Law of Obligations The word originally derives from the Latin "obligare" which comes from the root "lig" which suggests being bound, as one is to God for instance in "re-ligio".[1 ] This term first appears in Plautus' play Truculentus at line 214. Obligations did not originally form part of Roman Law, which mostly concerned is sues of succession, property, and family relationships. It developed as a soluti on to a gap in the system, when one party committed a wrong against another part y. these situations were originally governed by a basic customary law of revenge .[2] This undesirable situation eventually developed into a system of liability where people were at first encouraged and then essentially forced to accept mone tary compensation from the wrongdoer or their family instead of seeking vengeanc e. This signaled an important shift in the law away from vengeance and towards c ompensation. The state supported this effort by standardizing amounts for certai n wrongs. Thus the earliest form of Obligation law derives out of what we would today call Delict.[3] However, it is important to note that liability in this form did not yet include the idea that the debtor "owed" monetary compensation to the creditor, it was m erely a means of avoiding punishment. If the debtor or his family didn't have th e means to pay then the old rules still applied as outlined in the twelve tables specifically table 3.[4] This section, despite how harsh it may appear to us, w as originally developed as a means to protect debtors from the excessive abuses of creditors.[5] Definition of an obligation Justinian first defines an Obligation[6] in his Institutiones, Book 3, section 1 3 as "a legal bond, with which we are bound by necessity of performing some act according to the laws of our state."[7] He further separates the law of obligati ons into contracts, delicts, semi-contracts, and semi-delicts. Today the term Obligation, as it applies within civilian legal systems, means mo re specifically a legal bond between two or more persons, by which one person, t he debtor, is held liable to another, the creditor, to perform a "prestation" co nsisting of "doing" or "not doing" something at the risk of legal sanction.[8] T hus the term encompasses both sides of the equation, both the duty of the debtor and the right of the creditor. In this way it differs from the common English l anguage conception of Obligation which denotes only the duty aspect. Every obligation has four essential requisites otherwise known as the elements o f obligation. They are: 1. A passive subject (called debtor or obligor): the person who is bound to the fulfillment of the obligation. 2. An active subject (called creditor or obligee): the person who is entitl ed to demand the fulfillment of the obligation. 3. Object or prestation: subject matter of the obligation

4. A juridical or legal tie: the vinculum; the efficient cause that binds o r connect the parties. Contracts A contract can be broadly defined as an agreement that is enforceable at law. Ga ius classified contracts into four categories which are: consensual contracts, v erbal contracts, contracts re, contracts litteris. But this classification canno t cover all the contracts, such as pacts and innominate contracts. Quasi-contracts Quasi-contract is one of the four categories of obligation in Justinian's classi fication. The main cases are negotiorum gestio (conducting of another person's a ffairs without their authorisation), condictio indebiti (unjust enrichment) and common ownership. Quasi-delict The designation comprised a group of actions of no obvious similarity, classifie d by Justinian as analogous to delictual obligations. It includes Res suspensae, things poured or thrown, shippers/innkeepers/stablekeepers, and erring judges.