Obligation Rights
LexInter | August 25, 2002 | 0 Comments

Obligation Rights

Definition of obligation

The obligation is a legal relationship under which one or more persons are required to one or more other persons to give, do or not do something.

The obligation allows the creditor to demand from the debtor a benefit, positive or negative.

The person or persons who are liable are the debtors of the obligation and the person or persons to whom they are liable are the creditors of the obligation.

Learn more about OBLIGATIONS


Sources of obligations

The law is a source of obligations, legal obligations. 

Promises are a source of obligations resulting from the will.

A person can bind himself by a unilateral legal act which is a source of obligation. By the manifestation of will expressed by this unilateral commitment, this person engages as a debtor.

The principle of the autonomy of the will justifies that a person can be bound by the means of a convention, the contract . The contract is a daily source of obligations. The life of both individuals and companies gives rise to very frequent contracts of varying importance: sale, exchange, rental, deposit, loan, etc.

Non-performance or late performance of contractual obligations gives rise to contractual liability .

Obligations may arise outside of the debtor’s control. This is the case with obligations resulting from the following sources

– the quasi-contract

– the misdemeanor, which gives rise, with the quasi-delict, to tort liability

These obligations are said to be extracontractual. Extra-contractual obligations are generally linked to faults or risks. Extra-contractual obligations result from principles concerning compensation for damage.

All of these obligations constitute extra-contractual liability .

Bonds are subject to common rules which constitute the general regime of obligations.

Assignment of bonds

Assignment of receivables

Debt assignment

Assignment of contract

Extinction of obligations

Payment

Pure and simple payment

Payment with subrogation

Payment by indirect or deferred satisfaction of the creditor

Compensation

Confusion

Novation

Delegation

 

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