Further Modes by Which Obligations Were Extinguished

Besides the methods of discharge of obligations mentioned above, an obligation could also be terminated in a number of other ways. These included: a subsequent impossibility of performance, i.e. where the debtor was prevented from discharging his obligation without fault on his part^[1038]; the death of either party where the relevant obligation was not transmissible (as, for example, in mandatum); joinder of issue (litis contestatio)^[1039]; and lapse of time, where this extinguished the right in question (extinctive prescription).^[1040]