Chapter

Voluntary Obligations

Neil MacCormick

in Legal Right and Social Democracy

Published in print March 1984 | ISBN: 9780198255024
Published online March 2012 | e-ISBN: 9780191681561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255024.003.0010
Voluntary Obligations

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Voluntary obligations are those which arise from contracts and promises; obediental obligations include those whose incidence is determined by the law of delict. It might be thought that speculation as to the nature of voluntary obligation is essentially a misconceived activity, especially when it is supposed to yield solutions to practical legal problems. To common lawyers, there must appear to be a certain futility in the efforts of French doctrinal writers to settle the question of when a contract made by postal correspondence is to be deemed complete — whether on declaration of acceptance, posting of it, delivery to the offeror's address, or actual scrutiny of it by him. Such problems are not to be solved by theorizing as to the true nature of accord de volonte, but by laying down more or less arbitrary rules.

Keywords: voluntary obligations; law of delict; legal problems; accord de volonte; arbitrary rules; obediental obligations

Chapter.  8703 words. 

Subjects: Jurisprudence and Philosophy of Law

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