LexInter | September 1, 2007 | 0 Comments


A personal right or debt right is the right of one person, the obligee, to demand performance from another person, the obligor.

It has three elements, the creditor, who is the active subject of the law, the debtor, the passive subject, and the service, the subject of the law.

Personal law is a relative law, which only establishes a legal link between the creditor and the debtor.

Personal law gives the creditor a general right of pledge over the assets of his debtor, but the expression “personal right” reflects the tradition of Roman law which made the obligation a purely personal link which tended to the hold of the creditor over the property. person of the debtor without a direct action on the property.

Before codification by the civil code, contracts were real or formal contracts and it is the civil code which concretized the consensual nature of the contract and its execution “in good faith”.

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