A Historical Introduction to the Law of Obligations

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David Henderson speaks to Maritime and Coastguard Agency having been made aware the plane has disappeared The only person you chased twice after the crash was Henry Aylott . These texts show quite clearly you knew he wasn’t a competent pilot.” The rather rough and ready definition of obligatio as a vinculum iuris found in Justinian’s Institutes, a tie of law by which we are of necessity constrained to pay some thing according to the laws of our civitas , brings into the foreground the relationship between obligatio and actio. If the effect of the obligatio was that one person could be forced to pay (or do) something by the beneficiary, this would be achieved by the beneficiary bringing an action against the person under the obligatio. To that extent, therefore, there was an intimate connection between obligatio and actio , the one being a corollary of the other. David John Ibbetson FBA is a British legal academic. He was Regius Professor of Civil Law at the University of Cambridge from 2000 to 2022, and President of Clare Hall from 2013 to 2020. [1] From 2009 until 2012, he served as the chairman of the Faculty of Law, University of Cambridge. [2] He was General Editor of the Cambridge Law Journal between 2003 and 2009. Above all, an obligatio might flow from a contract , so much so that it could sometimes be treated as synonymous with contract. This is clearest in Ulpian’s description of the nature of contract as something which stemmed from an agreement:

Professor Felix Steffek is Professor of Law; Director of International Strategy and Partnerships; Director of the Centre for Corporate and Commercial Law (3CL); and University JM Keynes Fellow in Financial Economics. His interests include commercial law, company law, insolvency law, dispute resolution and LawTech. He has acted as expert for the European Commission, the European Parliament, the OECD, the World Bank and national ministries and parliaments. Kate Staples, General Counsel at the UK Civil Aviation Authority, said: “Our thoughts remain with the families and friends that were affected by this accident in January 2019. Aviation safety relies upon the integrity of everyone involved in the industry. Unlawful and unsafe activity such as Mr Henderson's is unacceptable and the UK Civil Aviation Authority will always look to prosecute illegal activity.” David Ibbotson did not have a commercial pilot’s licence and the rating he needed to fly a single-piston engine had expired in November 2018. The Piper Malibu N264DB which Emiliano Sala was on board when it crashed into the English Channel (Image: Creative Commons)

He liaised directly with the engineers. During my exchanges he seemed confident and did not express any apprehensions about the aircraft. The plane in which Sala and Ibbotson travelled was a Piper PA-46 310P Malibu single engine aircraft, registered to the United States under number N264DB. Mr Goudie said: “He’s been with you less than two weeks, why when Fay Keely asked you not to use him again did you not give her the full facts?

David Ibbotson and Emiliano Sala arrive in Nantes. Ibbotson expresses some concerns with the aircraft, namely the soft brake pedal and an oil leakage.But despite Ms Keely’s request, Henderson continued to use Mr Ibbotson and on one occasion asked the pilot to fly Ms Keely’s sister without the owner's knowledge. Mr Ibbotson said: “Where we going with this Dave, if you’re not going to use me anymore fair enough, but please have the common decency to pay what I am owed.” Verbs precede abstract nouns. David Daube has shown that in many situations the Roman jurists never got as far as creating abstract nouns , using instead verbal forms, or that they clearly preferred verbal forms to nominal. Obligatio, however, is a frequent occurrence in the texts, hardly less frequent in the Digest than the various forms of the verb. We can say that the development of the noun presupposes a sophistication of thought about the institution , an ability to treat an active relationship as a thing, and that at least by the time of Labeo, the first jurist known to have used the noun, Roman law had taken that step. Let us proceed to obligations. Their basic division is into two species: for every obligation arises either from contract or from delict.