Negotiorum Gestio arises when a person voluntarily manages another’s affairs without prior authority, yet with an intention to protect that person’s interests. It remains a distinctive source of obligations within civil-law traditions and the broader law of obligations. The doctrine balances altruistic intervention against legal accountability. It defines the gestor’s duties, the dominus negotii’s responsibilities,…
A Quasi Contract is a legal obligation imposed by law when no actual agreement exists between the parties. Its central purpose is to prevent one person from retaining a benefit unfairly obtained at another’s expense. Within the law of obligations, quasi contractual claims are closely connected to unjust enrichment and restitution. Courts may require repayment,…
Unjust Enrichment is a central principle within the law of obligations, addressing circumstances in which one person retains a benefit at another’s expense without a valid legal basis. It prevents gains that fairness and legal policy cannot justify. Unlike contractual or tortious liability, Unjust Enrichment focuses on restitution rather than compensation for breach or wrongdoing….
A Release of Obligation is a legal mechanism through which a creditor, claimant, or contracting party relinquishes some or all rights to demand performance. Its effect may be decisive, ending duties, resolving disputes, and limiting future claims. In the law of obligations, a valid release depends on clear intent, legal capacity, voluntary consent, and sufficiently…
Remission of Debt is a recognised method of extinguishing an obligation when a creditor voluntarily releases a debtor from payment. Within the law of obligations, its validity depends on intention, capacity, authority, and the circumstances in which forgiveness is communicated. Although often described as debt forgiveness, remission may have significant consequences for interest, securities, guarantors,…
In the law of obligations, a debt may end without payment when the positions of creditor and debtor unite in the same person. This legal mechanism, known as Confusion of Rights, prevents an individual from owing a duty to himself or herself. Although seemingly straightforward, Confusion of Rights can produce complex consequences where co-debtors, guarantors,…
Legal Compensation is a central remedy within the law of obligations, designed to restore an injured party to the position they would have occupied had the obligation been properly performed or the harmful act not occurred. Whether a claim arises from contract or tort, compensation depends on legally recognised loss, a sufficient causal connection, and…
Subjective Novation is a central mechanism in the law of obligations, allowing a contractual relationship to continue despite a change in one of its parties. It may replace either the debtor or creditor while preserving, modifying, or extinguishing the original obligation. Because a change of parties can affect consent, liability, and enforceability, Subjective Novation requires…
Objective Novation is a central doctrine in the law of obligations, arising when parties replace an existing obligation with a new one whose object or principal terms are incompatible with the original arrangement. Its effect is more significant than an ordinary contractual amendment: the former obligation is extinguished, and a distinct legal bond takes its…
Novation of Obligations is a legal mechanism through which an existing obligation is extinguished and replaced by a new one. It enables parties to restructure contractual relationships while preserving legal certainty and mutual consent. Unlike a simple amendment, novation may alter the subject matter, debtor, creditor, or fundamental terms of an obligation. Its validity depends…