Also known as: obligation
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase denoting that a party or interest stands subject to a legal duty or liability. The phrase historically marks the existence of an enforceable obligation that may be secured by property or enforced through judicial remedies.
Select any source to read its text and confirm it supports the definition.
Idris Ives borrowed funds from Infinity Bank to purchase a warehouse. He executed a mortgage pledging the warehouse as security for repayment. When Ives defaulted on the note, the bank initiated foreclosure to satisfy the debt that placed the property in obligatione.
Ines Ibarra, president of Insight Consulting, learned of a probable material violation of securities law by a subordinate. She promptly informed the board, fulfilling the reporting duty that kept the corporation in obligatione to its shareholders and regulators.
India Inoue contracted with Icarus Aviation to build an aircraft for a buyer who owed money to a third-party creditor. The contract directed payment directly to the creditor. The creditor stood in obligatione and could sue to enforce the promise once the aircraft was delivered.
Igor Ito leased an apartment building to Iris Irons. After a storm damaged the roof, the premises became uninhabitable. Ito failed to repair within a reasonable time, leaving the landlord in obligatione to the tenant who could then terminate or seek damages.
Ira Irving obtained a spousal-support order in State A. Years later he sought modification while still residing there. State A retained continuing exclusive jurisdiction over the order that kept the former spouse in obligatione throughout its duration.
Inertia Dynamics formed an LLC that incurred a large supplier debt. A manager was sued personally for the unpaid amount. Because the debt remained solely the obligation of the company, the manager was not placed in obligatione merely by virtue of his position.
Yes. The phrase applies only when a valid obligation exists. If the underlying debt or duty is void or discharged, the security interest or liability linked to it is extinguished.
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Full payment or performance of the underlying duty discharges the obligation. The party formerly in obligatione then receives a release or satisfaction that clears any related security interest.
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Yes. A tribunal that issues a spousal-support order retains continuing exclusive jurisdiction to modify it for the entire life of the obligation, keeping the obligor in obligatione under the law of the issuing state.
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…rests on the theory that a new human life is present from the moment of conception.[^maj-45] The State's interest and general obligation to protect life then extends, it is argued, to prenatal life. Only when the life of the pregnant mother herself is at stake, balanced against the life she carries within her, should the…