Law of obligations

( " Tie, bind " of Latin obligare ) As a bond is called in Swiss law, a contractual relationship between two people. The one who owes is referred to here as a debtor, the one to whom is owed as creditors. From the perspective of the creditor, the obligation is a requirement from the perspective of the debtor a debt. In German law is called the Swiss bond simply as " debt ratio ". The term of the bond is in Germany in the Securities Law, the usual designation on bonds for a sum of money ( bearer bonds).

History and general term

Originally, the concept of " obligatio " was meant literally in Roman Law: Those who could not pay a debt, was characterized such " bound" to his creditors that he got this over in bondage until his debts were paid off. Over time, these importance faded, of course, and reduced to the fact that the bond somehow, though not nearly as draconian enforced, enforced the means may be.

The term of the bond as a technical term originated in ancient Rome. Long before the birth of Christ examined legal scholars legal transactions between persons and thereby developed the concept of Obligation: By someone promises to another to do something, it will bind to it. While absolute rights (such as ownership ) to everyone act, acts an obligation ( as a relative right ) only against a specific person or group of persons. So promises the debtor to the creditor the amount of money X, only the creditor can ask for this amount X ​​by the debtor.

Is there a relationship between two people before, in which each person has a claim against the other, and these demands are interdependent ( for example when making a purchase where the fault of one person money, the other commodity) is a so-called mutually binding contract before.

In the earlier theory of law bonds were distinguished in the obligationes ex contractu (bonds of contract ) and the obligationes ex delicto (bonds criminal).

Situation in today's legal

Definition

In Switzerland, the main features of the bond in the Code of Obligations are regulated. Here is the " debt ratio in the narrow sense " or a bond [ ... ] understood the legal relationship between the creditor and debtor [ ... ] by virtue of which the creditor a power, ie may require an act or omission and the debtor is obliged to provide services corresponding to this ". " In the narrowest sense is under obligation, a particular security that represents a loan receivable to understand ."

Formation

The headings of the sections of the first track of the OR to give three reasons for which a bond may produce:

• In contract,
• Tort and
• Of unjust enrichment.

Other theories of liability, such as the so-called culpa in contrahendo ( Latin for " liability arising out of negligence of contract " ) or generally the trust liability, however, be accepted by doctrine and jurisprudence, which are in the law does not (or only suggested ) to find.