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Legal Right and Social DemocracyEssays in Legal and Political Philosophy$
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Neil MacCormick

Print publication date: 1984

Print ISBN-13: 9780198255024

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198255024.001.0001

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Voluntary Obligations

Voluntary Obligations

Chapter:
(p.190) 10. Voluntary Obligations
Source:
Legal Right and Social Democracy
Author(s):

Neil MacCormick

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198255024.003.0010

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

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