ELEMENTS D'UNE TAXINOMIE DES OBLIGATIONS JURIDIQUES

Abstract

Contrary to the orthodoxy prevailing in civil law jurisdictions, the classification of juridical obligations according to their source ought not to be considered a summa divisio. Indeed, this division hides another, even more fundamental classification, based on the nature of the obligation. Of course, the classification of obligations according to their source retains its significance . However, it must be relegated to the background. Besides offering noteworthy rewards in terms of a better structuring and a more lucid understanding of the subject-matter, a fundamental classification of obligations according to their nature permits a re-examination of many received ideas and practices, notably in the area of remedies.