DEFINITION AND ANALYSIS OF THE ESSENTIAL ELEMENTS OF THE OBLIGATION
DEFINITION AND ANALYSIS OF THE ESSENTIAL ELEMENTS OF THE OBLIGATION

Summary/Abstract: The new Civil Code does not define the obligation, but the “content of obligations”, thus the doctrine has assumed the task of defining it.In the absence of the legal definition of the obligation, normatively is not very clear the shape of the notion of obligation specific to the civil law, leaving room for confusions, at least between the legal obligations and the technical obligations, inexistent in the Roman law, where the term of obligation was not used to name other types of constraints different than the ones resulted from legal acts and actions.For instance, the seller’s obligation to inform the buyer is a legal or a contractual obligation?To explain the obligation is very useful the analysis of its defining elements

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