This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ...creditor (creditor), the party entitled to performance, and debtor (debitor), the party from whom performance was due. These terms were originally confined to the case of loans, but were afterwards extended to denote the parties to any obligation. The relation of creditor and debtor, unlike the family relations, did ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ...creditor (creditor), the party entitled to performance, and debtor (debitor), the party from whom performance was due. These terms were originally confined to the case of loans, but were afterwards extended to denote the parties to any obligation. The relation of creditor and debtor, unlike the family relations, did not produce or imply the personal subordination or subjection of the debtor to the creditor. The creditor had no general power of control over the acts of the debtor, but merely a right to require him to do some particular act. And the acts that could be thus required were confined to acts reducible to a money value, though the particular act might be the delivery of property or the performance of some work or service, as well as the payment of a sum of money. The debtor could always get rid of or discharge himself from the obligation by surrendering a corresponding portion of his property to his creditor. The obligation was a deduction from the debtor's property merely, and not from his liberty. 67. Classification of Obligations. According to Justinian, the leading division of obligations was into two kinds, civil and praetorian. The civil obligations (civiles obligationes) were those established by statute, or at least recognized by the Jus Civile; the praetorian obligations were those established by the praetor in the exercise of his jurisdiction. The latter were also called honorary (honorice obligationes). By another division, obligations were of four kinds, those arising from contract (ex contractu), or from quasi-contract, and from delict (ex delicto), and from quasi-delict, or, as we would say, obligations arose either from contract or quasicontract, or from tort or quasi-tort. (Inst. III, 13, 1-2. See also Gaius, 3, 88). 1. The L...
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