Obligatio et votum: rímsko-právne reflexie v kánonickom chápaní obligácie

Abstract

The article analyzes the Roman-legal roots of the canonical understanding of obligation and vow, examining how the legal concept of obligation was transformed into a moral-theological notion. The author compares Roman sources, primarily the Corpus iuris civilis, with the Decretum Gratiani to demonstrate that the church not only received Roman legal institutions but reinterpreted them within the framework of Christian ethics. The Roman obligatio as vinculum iuris, a legal bond between creditor and debtor was reshaped in canonical thought into vinculum conscientiae and vinculum caritatis, a bond of conscience and love toward God. While Roman law emphasized the principle pacta sunt servanda, canon law transformed it into the moral imperative fides servanda est. Thus, canon law synthesizes legal rationality and moral teleology, making obligation not merely a legal but also a spiritual act of the human person. The study highlights that principles such as bona fides, iustitia, and consensus facit obligationem have endured in modern legal systems, confirming the role of canon law as a bridge between law and faith.