So intimate was this link that book 44.7 of the Digest has as its title De Obligationibus et Actionibus.

Dr Emilija Leinarte is University Assistant Professor. Her expertise lie in International law and European Union Law. Henderson said: “Following a plane crash there is always a serious inquiry and I wanted to be prepared for that.” The verdict Professor Jorge Vinuales is the Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge. His research interests encompass domestic, comparative, European and international environmental law and policy. In personam actio est, qua agimus, quotiens litigamus cum aliquo, qui nobis vel ex contractu vel ex delicto obligatus est, id est, cum intendimus dare facere praestare oportere. Omnium autem obligationum summa divisio in duo genera deducitur: namque aut civiles sunt aut praetoriae. Civiles sunt, quae aut legibus constitutae aut certe iure civili comprobatae sunt. Praetoriae sunt, quas praetor ex sua iurisdictione constituit, quae etiam honorariae vocantur.

Dr Markus Gehring

Although the obligatio was at its core a relationship between two parties, as a noun it was reified so that it was seen as an asset in the hands of the beneficiary. In his Institutes, Gaius places obligationes in his list of incorporeal things, alongside inheritances, usufructs and servitudes ; something that is repeated by Justinian. An obligatio therefore had a duration; it could be said to be born and to be extinguished or brought to an end . It could endure or remain, or it could be perpetuated. If a transaction was undone so that there was restitutio in integrum, a former obligatio could be restored. When a novation occurred it could be said that the obligatio had been changed, and as a thing it could be sold or transferred. Indeed, so proprietary was the obligatio that both Ulpian and Julian say that it can be made the subject of a condictio ; where a promise had been made without a causa the promisor could bring a condictio to reclaim the obligatio itself, not the sum of money that had been promised. You said ‘Questions may be asked about his flying’, this all goes to your view of David Ibbotson’s competence.” Henderson met Mr Ibbotson in 2018 and described him as an “enthusiastic flier”. He added: “I believe David Ibbotson was an experienced pilot and I had no reservations about his ability as a pilot.” The Piper Malibu N264DB which Emiliano Sala was on board when it crashed into the English Channel (Image: Creative Commons)

Ibbetson is originally and primarily an English legal historian, but he is also expert in Roman law and has written comparative works relating to the history of European law. Whilst he has published on a wide range of subjects, his focus has been on the historical relationship between English Common Law and the legal systems and legal thought of the rest of Europe.Professor Felix Steffek is Professor of Law; Director of International Strategy and Partnerships; Director of the Centre for Corporate and Commercial Law (3CL); and University JM Keynes Fellow in Financial Economics. His interests include commercial law, company law, insolvency law, dispute resolution and LawTech. He has acted as expert for the European Commission, the European Parliament, the OECD, the World Bank and national ministries and parliaments.

The rather rough and ready definition of obligatio as a vinculum iuris found in Justinian’s Institutes, a tie of law by which we are of necessity constrained to pay some thing according to the laws of our civitas , brings into the foreground the relationship between obligatio and actio. If the effect of the obligatio was that one person could be forced to pay (or do) something by the beneficiary, this would be achieved by the beneficiary bringing an action against the person under the obligatio. To that extent, therefore, there was an intimate connection between obligatio and actio , the one being a corollary of the other. The plane in which Sala and Ibbotson travelled was a Piper PA-46 310P Malibu single engine aircraft, registered to the United States under number N264DB. Dr Sophie Turenne ​is a College Lecturer and Fellow at Murray Edwards College and Co-Director of CELS. She holds a PhD in Law from the University of Paris II Panthéon-Assas and is an Associate Member of the International Academy of Comparative Law. She has written extensively on the topic of judicial independence and has interests in comparative law, constitutional law, European law, judicial studies and legal theory. She recently acted as an expert on judicial matters for the Judicial Appointments Commission of England and Wales and the UK Senior Salaries Review Body. She is also Editor for the Cambridge Yearbook of European Legal Studies.Davie Henderson response to the CAA's request for interview with a statement. He denies being the operator of the flights and claims David Ibbotson had that role. We still do not know the key information about the maintenance history of the aircraft and all the factors behind the carbon monoxide poisoning revealed in August 2019 by AAIB. Obligationum substantia non in eo consistit, ut aliquod corpus nostrum aut servitutem nostram faciat, sed ut alium nobis obstringat ad dandum aliquid vel faciendum vel praestandum. The next division is into four species; for they arise from contract, or as if from contract, or from wrongdoing, or as if from wrongdoing.

Conventionis nomen generale est, ut eleganter dicat Pedius nullum esse contractum, nullam obligationem, quae non habeat in se conventionem, sive re sive verbis fiat: nam et stipulatio, quae verbis fit, nisi habeat consensum, nulla est. Professor Albertina Albors-Llorens is Professor of EU Law. Her research focuses on two main areas: the work of the Court of Justice of the EU and EU competition law. She has written extensively in these two areas and her current research explores remedies in EU Law and the interface between competition law and other areas of EU law. Let us proceed to obligations. Their basic division is into two species: for every obligation arises either from contract or from delict. The Piper Malibu N264DB plane is bought by Southern Aircraft Consultancy Inc, and trustor company Cool Flourish Ltd. David Henderson takes over management of the aircraft.If the AAIB suggests there was a significant failure in the exhaust system which led to carbon monoxide poisoning, it did not occur in the initial flight. Prosecutor Mr Goudie said: “We do not seek to suggest that Mr Henderson did not know what he was doing or care about safety, you will see a lot of maintenance took place on the aircraft, but that he ignored certain requirements when it suited him and his business interests.” Sequens divisio in quattuor species deducitur: aut enim ex contractu sunt aut quasi ex contractu aut ex maleficio aut quasi ex maleficio. Of central importance to this definition, though, is the description of the obligatio bond as a tie of law. Other relationships dependent on trust, fides, might generate a bond between two people, but that bond was not a tie of law . It was not an obligatio . For the original author of the definition, be it Gaius or Papinian, it may be that the reflexive relationship between obligatio and actio may have been essential. If this were so, obligatio might perhaps then have referred exclusively to an enforceable relationship and hence have excluded any idea of natural obligation . It does not absolutely follow that the vinculum iuris necessitated an actionable obligation, though; so long as the bond was one which had legal ramifications it could be described as a tie of law .