Legal Definitions - litteris obligatio

Litteris obligatio refers to a type of legal obligation that arose in ancient Roman law, specifically when an agreement or debt was formally recorded in writing. This wasn't just any casual note; it typically involved official entries in account books or a specific type of written contract that, by its very nature, created the legal duty. The act of writing itself, in a prescribed form, was what established the binding obligation between parties.

• Example 1: A Merchant's Formal Ledger Entry

  Imagine a Roman merchant, Lucius, who sells a quantity of grain to a customer, Marcus, on credit. Instead of just a verbal agreement, Lucius formally records the transaction in his official household account book, detailing Marcus's name, the specific goods purchased, and the exact amount owed. This formal entry in Lucius's ledger, according to Roman law, would create a litteris obligatio, legally binding Marcus to pay the debt. The written record itself, rather than just the verbal promise, was the source of the enforceable obligation.

• Example 2: A Formal Written Loan Agreement

  Consider a situation where a Roman citizen, Julia, borrows a significant sum of money from another citizen, Gaius. To formalize the arrangement, they execute a specific type of written contract, perhaps a document detailing the loan amount, any interest, and the agreed-upon repayment schedule. In this scenario, the litteris obligatio arises directly from this formal written document. The act of creating and signing this specific written agreement established Julia's legal obligation to repay Gaius, making the debt legally enforceable through the written word.