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This Concept Map, created with IHMC CmapTools, has information related to: 01 1 Obligatio, OBLIGATIO developed from Viculum facti (physical bond), Concept of "tie" can be broad where Obligatio is specific legal bond that has economic content & can only be derived from certain sources, Obligation can't be transferred (cession is not possible) and Ends with death of debtor, Initially, no state machinery to enforce this and injured party would take law into own hands and would physically grab wrongdoer and, at worst, kill and Only later that the idea of penalty or compensation arose, Vinculum iurus (legal bond) and Still retained its intensely personal character, Debtor put in private jail and bound in chains of at least 7kg and If still no payment, could be held in jail for 60 days where displayed in market for 3 consecutive days, It was then an imaginary legal bond rather than a physical one where Prevailing theory was that this developed out of delict where eventually bought off vengeance, Still retained its intensely personal character as Not possible to create obligation in favour of 3rd party, If not, could be sold as a slave trans Tibera & money used to settle debt or Could be killed from being thrown from Tapeian rock, Obligation only relates to duty whereas obligatio refers to duty and right but Concept of "tie" can be broad, He or his family is ashamed or someone is sorry for him and will pay off debt but If not, could be sold as a slave trans Tibera & money used to settle debt, Could be killed from being thrown from Tapeian rock where Body sold to pay off debt (split between creditors: pound of flesh), Prevailing theory was that this developed out of delict where eventually bought off vengeance but Also applicable when someone borrowed more and could used to ensure the repayment of the loan, Less about vengeance and more about idea of compensation and It was then an imaginary legal bond rather than a physical one, Bind another person to give, do or perform something and Sometimes expanded to not doing something, Viculum facti (physical bond) to Vinculum iurus (legal bond), State first intervened with manus iniectio which was Prescribed procedure as per III of XII Tables whereby perpetrator bound in chains and detained in order to encourage payment, If someone from another family injures your or damages your property, then he has to make good for this somehow where Initially, no state machinery to enforce this and injured party would take law into own hands and would physically grab wrongdoer and, at worst, kill, Contractus:agreement enforceable with an action, specifically a personal one and Delictum: unlawful action that causes harm and gives rise to the payment of a fine or of damages, Schulz: unique achievement in the history of human civilisation and Institutes: essence of obligations does not consist that it makes a property or servitude ours