Hägerström concludes, the jurisprudence of natural law made the mistake of connecting the dominiumto obligare, which was a mistake insofar as these concepts according to Roman law lacked any causally legal connection to one another. By connecting such unrelated concepts with each other, natural law made each and everyone obligatus with respect to the dominus (on account of the latter’s dominium).As a result, natural law incorrectly gave the Roman concept obligatus, which actually constitutes a vinculum iuris emanating fromobligatio, the added characteristic of being a legal consequence emanating from someone’s adverse possession. In other words, according to natural law theory obligatus followed from the violation of the possessio of the dominus.This is incorrect insofar as Roman law proper (according to Hägerström) understood obligatus as being the legal corollary to a legally valid agreement, but never the legal corollary to someone’s dominium. For, according to Roman law, dominiumwas connected to the claimant’s right of rei vindicatio, anactio in remaimed at the restitution of the disputed object, but dominiumas such had no connection with the contractual actio in personam obliging the defendant to: “dare, facere, praestare oportere.” Consequently, natural law doctrine had provided dominium(in its capacity of a legal fact) andobligatio (in its capacity of a legal consequence) with causal and legal relationships unknown to Roman law proper. In addition to the abovementioned facts, the natural lawyers of the 17th and18th Centuries, as well as the Romanists of the 19th Century, had over-interpreted and transformed the Romanobligatio (which originally only denoted the vinculum iuris between the debtor and creditor), into the modern conception of a legal duty. As a consequence, the post-Roman interpretation of obligatio suddenly denoted the relationship between the interested party and all other legal subjects, thereby endowing the interesa ca l l f o r s c i e n t i f i c p u r i t y 417 2 . 4 summary and conclus ion
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