Legal Definitions - in obligatione

In obligatione is a historical Latin legal phrase that describes a situation where an individual or entity is bound by a duty or commitment. Essentially, it means being "under an obligation" or "subject to a legal or customary duty." While primarily used in historical legal contexts, it refers to the state of being legally or morally compelled to perform a specific action or adhere to a particular responsibility.

• Example 1: A Medieval Guild Agreement

  Imagine a master craftsman in a medieval guild who agrees to train an apprentice for seven years. During this period, the master is in obligatione to provide instruction, lodging, and sustenance as per the guild's rules. Simultaneously, the apprentice is in obligatione to serve diligently and learn the trade. If either party failed to uphold their end, they would be seen as having violated their obligation.

  Explanation: This illustrates in obligatione because both the master and the apprentice are bound by specific, mutually understood duties arising from their agreement and the established customs of the guild. They are "under an obligation" to fulfill their respective roles.

• Example 2: A Feudal Vassal's Duty

  Consider a knight in a feudal system who has been granted land (a fief) by a lord. In return for the land and protection, the knight is in obligatione to provide military service, counsel, and loyalty to the lord. This obligation might include raising troops for battle, attending the lord's court, or paying certain taxes.

  Explanation: Here, the knight is in obligatione because his right to the land is conditional upon fulfilling specific duties to his lord. He is "under an obligation" to perform these services as part of the feudal contract.

• Example 3: A Promise to Repay a Loan in Ancient Rome

  In ancient Roman society, if one person borrowed money from another, even without extensive written contracts, the borrower was considered in obligatione to repay the debt. This obligation was not just a moral expectation but carried legal weight, meaning the lender could pursue legal recourse if the debt was not honored.

  Explanation: This scenario demonstrates in obligatione because the act of borrowing created a binding duty on the borrower to return the funds. They were "under an obligation" to repay, and this obligation was recognized and enforceable within the legal framework of the time.