General Theory of Obligations - Álvaro Villaça Azevedo

Introduction

In his book "General Theory of Obligations", Álvaro Villaça Azevedo presents a comprehensive and systematic analysis of the law of obligations. Drawing on a wide range of sources, including Roman law, civil law, and common law, Azevedo develops a theory of obligations that is both theoretically sound and practically useful.

The Concept of Obligation

Azevedo begins by defining an obligation as a legal relationship between two or more persons that gives one person (the creditor) the right to demand performance from another person (the debtor). He then discusses the various sources of obligations, including contracts, torts, and unjust enrichment.

The Elements of Obligation

Azevedo identifies three essential elements of an obligation:

1. The parties: The creditor and the debtor.
2. The object: The performance that the debtor is obligated to perform.
3. The legal tie: The legal relationship that binds the creditor and the debtor.

The Performance of Obligations

Azevedo discusses the various ways in which obligations can be performed, including voluntary performance, performance by a third party, and performance by operation of law. He also discusses the consequences of non-performance, including damages, specific performance, and rescission.

The Extinction of Obligations

Azevedo discusses the various ways in which obligations can be extinguished, including payment, novation, release, and prescription. He also discusses the effects of the extinction of obligations, including the discharge of the debtor and the release of the creditor.

The General Theory of Obligations in Practice

Azevedo concludes his book by discussing the practical applications of the general theory of obligations. He provides examples of how the theory can be used to resolve disputes in a variety of contexts, including contracts, torts, and unjust enrichment.

Conclusion

"General Theory of Obligations" is a comprehensive and systematic analysis of the law of obligations. Drawing on a wide range of sources, Azevedo develops a theory of obligations that is both theoretically sound and practically useful. This book is an essential resource for anyone interested in the law of obligations.

Why You Should Buy This Book

If you are a lawyer, judge, or law student, "General Theory of Obligations" is a must-have resource. This book provides a comprehensive and systematic analysis of the law of obligations, drawing on a wide range of sources. Azevedo's theory of obligations is both theoretically sound and practically useful, making this book an essential tool for anyone who works in the field of law.

If you are a businessperson or other professional, "General Theory of Obligations" can also be a valuable resource. This book can help you to understand the legal obligations that you have to your customers, employees, and other parties. By understanding your obligations, you can avoid costly disputes and protect your business.

"General Theory of Obligations" is a well-written and accessible book that is sure to be of interest to anyone who is interested in the law of obligations. Order your copy today!