Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Eisdem modis dissolvitur obligatio quae nascitur ex contractu, vel quasi, quibus contrahitur
An obligation that arises from a contract or quasi contract is dissolved in the same ways in which it is contracted.
Fides est obligatio conscientiae alicujus ad intentionem alterius
A trust is an obligation of conscience of one to the will of another.
Impossibilium nulla obligatio est
There is no obligation to perform impossible things.
In omnibus obligationibus, in quibus dies non ponitur, praesenti die debetur.
In all obligations, when no date is fixed (for performance), the thing is due the same day.
L'obligation sans cause, ou sur une fausse cause, ou sur cause illicite, ne peut avoir aucun effet
An obligation without consideration, or upon a false consideration, or upon unlawful consideration, cannot have any effect.
Locus pro solutione reditus aut pecuniae secundum conditionem dimissionis aut obligationis est stricte observandus
The place for the payment of rent or money is to be strictly observed according to the condition of the lease or obligation.
Nihil tam naturale est quam eo genere quidque dissolvere quo colligatum est, ideo verborum obligatio verbis tollitur; nudi consensus obligatio contrario consensu dissolvitur
Nothing is so natural as to dissolve anything in the way in which it was bound together; therefore the obligation of words is taken away by words; the obligation of mere consent is dissolved by the contrary consent.
Nuda pactio obligationem non parit
A naked agreement (i.e., without consideration) does not create an obligation. Dig. 2.14.7.4.
Nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa, fit obligatio, et parit actionem
Naked agreement (nudum pactum) is where there is no consideration besides the agreement; but when there is a consideration, an obligation is created and it gives a right of action.
Obligation
n. 1. A legal or moral duty to do or not do something. 2. A formal, binding agreement or acknowledgment of a liability to pay a certain amount or to do a certain thing for a particular person or set of persons. - Also termed legal obligation. See DUTY; LIABILITY."[I]n English-speaking countries an unfortunate habit has arisen of using 'obligation' in a lax manner as coextensive with duties of every kind." Frederick Pollock, A First Book of Jurisprudence 82 (1896). "A man cannot be obliged or bound to the entire community: his duties to the political society of which he is a member are matters of public, or criminal law. Nor can the whole community be under an obligation to him: the rights on his part correlative to
Obligation of Contracts Clause.
See CONTRACTS CLAUSE.
Quod minus est in obligationem videtur deductum
That which is the lesser is held to be imported into the contract.
Quod nullius esse potest, id ut alicujus fieret nulla obligatio valet efficere
What can belong to no one no agreement (or obligation) can make property of anyone. Dig. 50.17.182.
Scriptae obligationes scriptis tolluntur, et nudi consensus obligatio contrario consensu dissolvitur
Written obligations are undone by writing, and the obligation of mere consent (or naked agreement) is dissolved by a bare consent to the contrary.
Tempus enim modus tollendi obligationes et actiones, quia tempus currit contra Besides et sui juris contemptores
For time is a means of destroying obligations and actions, because time runs against those who are inactive and show little respect for their own rights.
absolute obligation
See OBLIGATION
absolute obligation.
An obligation requiring strict fulfillment according to the terms of the engagement, without any alternatives to the obligor.
accessorial obligation.
See COLLATERAL OBLIGATION.
accessory obligation.
An obligation that is incidental to another obligation. ( For example, a mortgage to secure payment of a bond is an accessory obligation. The primary obligation is to pay the bond itself. Cf. primary obligation (1).
alternative obligation
An obligation that can be satisfied in two different ways, at the choice of the obligor.
bifactoral obligation
. An obligation created by two parties.
bifactoral obligation.
See OBLIGATION.
collateral obligation
A liability undertaken by a person who becomes bound for another's debt. - Also termed accessorial obligation.
collateralized mortgage obligation
Securities. A bond secured by a group of mortgage obligations or pass-through securities and paid according to the payment schedule of its class (or tranche). CMOs are issued by the Federal Home Loan Mortgage Corporation, and benefit from predictable payments of interest and principal. - Abbr. CMO. See pass-through security under SECURITY; TRANCHE.
conditional obligation
See OBLIGATION,
conditional obligation.
An obligation that depends on an uncertain event.
conventional obligation
. An obligation that results from actual agreement of the parties; a contractual obligation. Cf. obediential obligation.
correal obligation
. Roman law. A joint obligation. "A correal obligation means a plurality of obligations based on a community of obligation: a joint liability in respect of the whole of the same debt or a joint right in respect of the whole of the same claim." Rudolph Sohm, The Institutes: A Textbook of the History and System ofRoman Private Law 361 (James Crawford Ledlie trans., 3d ed. 1907).
current obligation
See OBLIGATION.
current obligation.
An obligation that is presently enforceable, but not past due.
determinate obligation
See OBLIGATION.
failure to meet obligations
See BANKRUPTCY (2); INSOLVENCY.
general-obligation bond
A municipal bond payable from general revenue rather than from a special fund. 0 Such a bond has no collateral to back it other than the issuer's taxing power. - Often shortened to obli- gation bond. - Also termed full-faith-andcredit bond. "There are two main types of bonds issued by local governments: general obligation bonds and revenue bonds .... Bonds will be assumed to be general obligation unless they themselves contain a clear promise to pay only out of a special fund." Osborne M. Reynolds, Jr., Handbook of Local Government Law § 104, at 323 (1982).
heritable obligation.
See inheritable obligation under OBLIGATION.
inheritable obligation.
See OBLIGATION.
innominate obligations
Obligations having no specific classification or name because they are not strictly contractual, delictual, or quasi-contractual. ( An example is the obligation of a trustee to a beneficiary. - Also termed obligationes innominati.
joint obligation
See OBLIGATION.
joint obligation.
1. An obligation that binds two or more debtors to a single performance for one creditor. 2. An obligation that binds one debtor to a single performance for two or more creditors.
law of obligations
The category of law dealing with proprietary rights in personam. ( It is one of the three departments into which civil law is divided. See IN PERSONAM. Cf. LAW OF PROPERTY; LAW OF STATUS.
legal obligation
See OBLIGATION,
litteris obligatio
n. [Latin] Roman law. An obligation arising from written entries in account books; an obligation arising from a literal contract. See literal contract under CONTRACT.
moral obligation
A duty that is based only on one's conscience and that is not legally enforceable. a In contract law, moral obligation may support a promise in the absence of traditional consideration, but only if the promisor has previously received some actual benefit from the promisee.
mutuality of obligation
The agreement of both parties to a contract to be bound in some way. - Also termed mutuality of contract. See MUTUAL ASSENT. "The doctrine of mutuality of obligation is commonly expressed in the phrase that in a bilateral contract both parties must be bound or neither is bound.' But this phrase is over-generalization because the doctrine is not one of mutuality of obligation but rather one of mutuality of consideration. Phrasing the rule in terms of mutuality of obligation rather tomutuality of obligation' should be abandoned and we must agree in the light of the confusion that this term has engendered." John D. Calamari & Joseph M. Perillo, The Law of Contracts § 4-12, at 226 (3d ed. 1987).
natural obligation
See OBLIGATION.
natural obligation.
Civil law. A moral duty that is not enforceable by judicial action. ( Natural obligations are recognized in civil-law jurisdictions. While they are not enforceable by judicial action, something that has been performed under a natural obligation may not be reclaimed. For example, if an indigent patient in a hospital has no legal obligation to pay for the treatment but does so anyway, that person cannot later reclaim the payments voluntarily made. - Also termed obligatio naturalis.
obediential obligation
See OBLIGATION.
obligatio
[Latin] Roman law. An obligation; a legal bond. Pl. obligationes (ah-bla-gay-shee-oh-neez).
obligatio civilis
. [Latin "civil obligation"] 1. An obligation recognized under jus civile as opposed to one recognized only under jus honorarium. -Also termed obligatio praetoria (ah-bla-gayshee-oh pri-tor-ee-a); obligatio honoraria (ahbla-gay-shee-oh [h]on-a-rain-ee-a). 2. A legally enforceable obligation, such as one by contract.
obligatio ex contractu
[Latin "contractual obligation"] A contractual obligation.
obligatio ex delicto
. [Latin "tortious obligation"] An obligation arising from a wrongdoing against the person or property of another; an obligation enforceable in tort. - Also termed obligatio ex maleficio (mal-a-fish-ee-oh).