Legal Definitions - spes obligationis

Spes obligationis refers to the expectation or hope that a legal obligation will come into existence in the future, even though it does not exist yet. It describes a situation where parties anticipate a duty or responsibility arising, often contingent on certain events or conditions being met.

Here are some examples to illustrate this concept:

• Imagine a software developer who has signed a contract with a client. The contract states that if the developer successfully delivers the project by a specific deadline and it passes all quality assurance tests, the client will then be obligated to pay a bonus in addition to the base fee. At the time of signing the contract, the client is not yet obligated to pay the bonus. However, the developer has a spes obligationis—a hope or expectation that this obligation will emerge once they meet the specified conditions. The obligation is future and contingent.

• Consider a young adult whose wealthy grandparent is still alive. The grandparent has frequently expressed an intention to leave a significant portion of their estate to this grandchild in their will. While the grandparent is alive, there is no legal obligation for them to transfer any assets to the grandchild. The grandchild, therefore, has a spes obligationis regarding the inheritance—a hope that the legal obligation to distribute assets will arise upon the grandparent's death, provided the will remains unchanged and is valid.

• A small manufacturing company is bidding on a large government contract to supply specialized equipment. The government agency has issued a Request for Proposal (RFP), and the company has submitted a detailed proposal. At this stage, the government is not obligated to award the contract to this specific company, nor is the company obligated to supply the equipment. Both parties are in a state of spes obligationis. The company hopes the government will become obligated to purchase from them if their bid is successful, and the government hopes the chosen company will become obligated to supply the equipment once the contract is awarded and signed.