On Real Obligations

The Obliegenheiten required that obligee complete specific behavior. On one hand, the obligation urged obligee to protect their rights; on the other hand, it can avoid that counterpart suffer disadvantage from obligee. By this means, the benefit of two parties can be counterpoised. Obliegenheiten is a duty to obligee, as well as a duty to rights. It is essentially one kind of duty, although there are so many differences between Obliegenheiten and duty. The paper analyzed the particularity of Obliegenheiten via comparing obliegenheiten with collateral obligation and contributory neglience. The Obliegenheiten plays an unattached role in obligation community, in terms of function and value. And the author is trying to make induction of judgmental methods and legal consequence from researching different types. Finally, the paper is coming to a conclusion that Obliegenheiten embodies the essence of obligatio. On that basis, the author put forward idiographic proposals about the construction of Obliegenheiten system.