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Controversies Surrounding The Development Of Obligatio In Roman Law

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There is a lot of controversy surrounding the origin of the concept obligatio and from which area of Roman law the theory of obligatio developed. Early Roman law was founded on the law of succession as well as property. Obligatio developed so as to fill the gaps which were created in the management of wrongful acts and familial relationships in Roman law. There are two theories pertaining to the development of the concept of obligatio. The first theory states that the concept of obligation developed form contractus. The second theory, as opposed to this, maintains that delictum is the source from which obligatio developed. This essay aims to discuss the different theories surrounding the development of the concept obligatio. Thus the historic
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