Legal Definitions - jus obligationis

Jus Obligationis

Jus obligationis is a historical legal term that refers to a personal right. This means it is a right held by one individual against another specific individual, rather than a right over a physical object or property that is enforceable against the world at large. These personal rights typically arise from contracts, agreements, or other duties that create an obligation between particular parties.

Here are some examples:

• Loan Agreement: Sarah lends $1,000 to John, and John promises to repay it next month.

  Sarah has a jus obligationis against John. Her right to receive the $1,000 is a personal right enforceable only against John, the specific individual who incurred the obligation to repay. She cannot demand the money from John's neighbor or any other third party.

• Service Contract: A small business owner contracts with a web designer to create a new website.

  The business owner holds a jus obligationis against the web designer. The right to have the website designed according to the agreed terms is a personal right, enforceable specifically against the web designer who entered into the contract, not against any other web designer or entity.

• Purchase of a Unique Item: An art collector purchases a rare painting from a gallery, with delivery scheduled for the following week.

  The art collector has a jus obligationis against the gallery. The right to receive that specific painting is a personal right enforceable against the gallery, which is obligated to deliver it. This is distinct from a right in the painting itself (which would be acquired upon delivery and transfer of ownership), but rather a right to the painting from the specific seller.