A Historical Introduction to the Law of Obligations

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Conventionis nomen generale est, ut eleganter dicat Pedius nullum esse contractum, nullam obligationem, quae non habeat in se conventionem, sive re sive verbis fiat: nam et stipulatio, quae verbis fit, nisi habeat consensum, nulla est. Please note that this event is being moved from LG18 to the McCrum Lecture Theatre in Corpus Christi College (due to industrial action)* Plane owner Fay Keely is notified by Civil Aviation Authority of two airspace infringements committed by David Ibbotson. She tells David Henderson not to use the pilot again Professor Richard Fentiman is Professor of Private International Law with an expertise in international and European civil procedure. He has given evidence to the House of Lords Select Committee on European Affairs on the European Commission's Green Paper on the reform of the Brussels I Regulation and has previously advised the European Commission on intellectual property and international private law.

Noteworthily, although the sources of obligations are given in the Institutes, Gaius gives nothing like a definition of obligatio . We might say that his primary reason for introducing the category of obligations into the institutional framework at this point has nothing to do with obligations themselves, but serves rather to provide a peg on which to hang the discussion of contracts and delicts . David Ibbetson has been at the forefront of legal historical scholarship for four decades. He began his legal historical studies at Corpus Christi College in Cambridge, reading Law as an undergraduate and staying on for a doctorate on the development of assumpsit under John Baker. He moved to Oxford to take up a Fellowship at Magdalen College in 1980, where he spent the next twenty years developing research interests spanning English legal history, European legal history, the law of ancient Rome and pre-Roman legal systems. He returned to Cambridge in 2000 to take up the Regius Professorship of Civil Law, and to Corpus where he took a particularly central role in the mentoring of the graduate community. His work in fostering graduate communities made him an ideal fit for Clare Hall, where he was President between 2013 and 2020.Mr Ibbotson said: “Where we going with this Dave, if you’re not going to use me anymore fair enough, but please have the common decency to pay what I am owed.” Obligatio est iuris vinculum, quo necessitate adstringimur alicuius solvendae rei, secundum nostrae civitatis iura. So intimate was this link that book 44.7 of the Digest has as its title De Obligationibus et Actionibus. Professor Felix Steffek is Professor of Law; Director of International Strategy and Partnerships; Director of the Centre for Corporate and Commercial Law (3CL); and University JM Keynes Fellow in Financial Economics. His interests include commercial law, company law, insolvency law, dispute resolution and LawTech. He has acted as expert for the European Commission, the European Parliament, the OECD, the World Bank and national ministries and parliaments. David John Ibbetson FBA is a British legal academic. He was Regius Professor of Civil Law at the University of Cambridge from 2000 to 2022, and President of Clare Hall from 2013 to 2020. [1] From 2009 until 2012, he served as the chairman of the Faculty of Law, University of Cambridge. [2] He was General Editor of the Cambridge Law Journal between 2003 and 2009.

Professor Catherine Barnard is Professor of EU and Employment Law. She is an expert on European labour law and is author of the leading text on EU single market law. Obligationes aut ex contractu nascuntur aut ex maleficio aut proprio quodam iure ex variis causarum figuris. I would like to make clear at no time did I have any reason to believe the aircraft was flight unworthy, I cannot and still don’t believe it necessarily was. Although the obligatio was at its core a relationship between two parties, as a noun it was reified so that it was seen as an asset in the hands of the beneficiary. In his Institutes, Gaius places obligationes in his list of incorporeal things, alongside inheritances, usufructs and servitudes ; something that is repeated by Justinian. An obligatio therefore had a duration; it could be said to be born and to be extinguished or brought to an end . It could endure or remain, or it could be perpetuated. If a transaction was undone so that there was restitutio in integrum, a former obligatio could be restored. When a novation occurred it could be said that the obligatio had been changed, and as a thing it could be sold or transferred. Indeed, so proprietary was the obligatio that both Ulpian and Julian say that it can be made the subject of a condictio ; where a promise had been made without a causa the promisor could bring a condictio to reclaim the obligatio itself, not the sum of money that had been promised. David Henderson meets David Ibbotson at Raf Retford Gamston. He begins to employ him as a pilot for the N264DB aircraft.We still do not know the key information about the maintenance history of the aircraft and all the factors behind the carbon monoxide poisoning revealed in August 2019 by AAIB. The term agreement (conventio) is general, so that Pedius elegantly says that there is no contract, no obligatio, that does not have an agreement within it, whether it arises by delivery or words: for even the stipulatio, which arises by words, is void unless there is agreement. Prosecutor Mr Goudie said: “We do not seek to suggest that Mr Henderson did not know what he was doing or care about safety, you will see a lot of maintenance took place on the aircraft, but that he ignored certain requirements when it suited him and his business interests.” David Henderson's trial begins at Cardiff Crown Court. He pleads guilty to one counts of attempting to discharge a passenger without lawful consideration and required permission.

Professor Kenneth Armstong is Professor of European Law. His research focuses on European Union law and, in particular, the constitutional and institutional dimensions of EU economic and social governance. He has given expert evidence to the House of Commons Scottish Affairs Committee and the Scottish Parliament's European and External Relations Committee on the EU dimension of the referendum on Scottish Independence. As well, since it could be conceived of as a thing , an obligatio could be split into parts or divided up . It followed therefore that part of an obligatio could be released, leaving the remainder of the obligatio intact. It was easy to deal with co-heirs , since it could be said that an obligatio owed by or to the testator could be divided between them, each having or being liable for a share. Exactly the same applied to co-ownership ; when a promise was made to a co-owned slave , for example, the obligatio could be divided up among the co-owners. It is at this point that we can see the flexibility that is achieved by the use of the noun rather than the verb . No doubt it would have been possible to have reached the same results solely by using the verb, but it would hardly have been linguistically economical to do so.

Professor David Erdos

He began his career in the city of San Francisco, Cordoba, where he came through the ranks of Club Escuela Proyecto Crecer, an academy aimed at giving young South Americans a route to Europe. Henderson met Mr Ibbotson in 2018 and described him as an “enthusiastic flier”. He added: “I believe David Ibbotson was an experienced pilot and I had no reservations about his ability as a pilot.” To understand the nature of obligatio we should begin with the verb form, obligare , and see its etymology and meaning. Its core meaning, already by the time of Plautus, is to bind , tie up or fasten, with its root ligare derived from the Greek λυγόω, with the same sense. Its secondary, abstract meaning of putting a person under a duty , which is found by the end of the Republic, maintains its link with this concrete meaning of binding or tying. In addition, it could refer to the binding of a thing, as where its owner pledged it to another. It is from here that we get, at the latest by the time of Cicero, the noun obligatio . Verbs precede abstract nouns. David Daube has shown that in many situations the Roman jurists never got as far as creating abstract nouns , using instead verbal forms, or that they clearly preferred verbal forms to nominal. Obligatio, however, is a frequent occurrence in the texts, hardly less frequent in the Digest than the various forms of the verb. We can say that the development of the noun presupposes a sophistication of thought about the institution , an ability to treat an active relationship as a thing, and that at least by the time of Labeo, the first jurist known to have used the noun, Roman law had taken that step.

Four centuries ago, in his commentaries on the civil law, Donellus analysed the nature of obligatio in Roman law. Subsequent scholars by the score have continued his work and continue to do so. It would be impossible in a short piece to engage with all of this literature, so the purpose of the present discussion is simply to outline what is known and to locate it within the Roman world.Mr Goudie said: “You didn’t want people to speak to the press and for people to get the wrong idea but you said David Ibbotson caused the crash, you had no information at the time so you knew he was not a competent flier. During his evidence, Mr Smith said he insisted a French mechanic should look over the plane. He added: “I cannot certify an aircraft without looking at it.” While he could not confirm the plane had been looked at, he said he was told by Mr Ibbotson the plane had been seen by a mechanic. Professor Scott holds degrees from the University of Cape Town and the University of Oxford. She is currently Professor of Private Law at the University of Oxford, where she is also Vice-Dean (Personnel) of the Faculty of Law, and a Tutorial Fellow in Law at Lady Margaret Hall. Before taking up her current role at Oxford, Professor Scott was a Professor in the Department of Private Law at the University of Cape Town. From 2008 to 2014, she held a Visiting Professorship at the Université Panthéon-Assas (Paris II), where she taught the common law of tort. He liaised directly with the engineers. During my exchanges he seemed confident and did not express any apprehensions about the aircraft.