Question: Is Obligation A Demandable Right?

Is obligation a juridical necessity?

An obligation is a juridical necessity to give, to do or not to do.

The term juridical in the definition refers to the legal aspect of an obligation.

If an obligation is juridical, it follows that you can go to court and ask for a civil action in case of breach or non-compliance..

What is right obligation?

Rights and obligations are an underlying assertion used in the construction of financial statements, stating that the organization has title to its stated assets and has an obligation to pay its stated liabilities.

What are the 5 sources of obligation?

Obligations arise from: (1) Law; (2) Contracts; (3) Quasi‐contracts; (4) Acts or omissions punished by law; and (5) Quasi‐delicts. Sources of Obligations Law — when they are imposed by law itself.

What is an example of an obligation?

The definition of an obligation is something that someone is required to do. An example of obligation is for a student to turn in his homework on time every day. A duty imposed legally or socially; thing that one is bound to do by contract, promise, moral responsibility, etc. … An obligating or being obligated.

Is the one who has the right to demand performance of the obligation?

The ACTIVE SUBJECT is the person who has the right or power to demand the performance or payment of the obligation. He is also called the obligee or the creditor. The PASSIVE SUBJECT is the person bound to perform or to pay. He is the one against whom the obligation can be demanded.

Is D legally justified to refuse to pay C?

Is D legally justified torefuse to pay C? No, because when D loaned from C, he entered a voluntary agreement and he was willing and the contract is valid.

Which obligation is not demandable at once?

suspensive obligationA suspensive obligation is not demandable at once. It can be demanded only upon the happening of the future or unknown event or a past event unknown to the parties, which constitutes the condition. Happening of a suspensive condition gives rise to the performance of the obligation.

What are different kinds of obligation?

Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional… Condition – uncertain event; every future or uncertain event upon which an obligation or provision is made to depend. Accessory Obligation – attached to a principal obligation and therefore cannot stand alone.

What is moral obligation?

MORAL OBLIGATION. A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfill. 2. These obligations are of two kinds 1st. Those founded on a natural right; as, the obligation to be charitable, which can never be enforced by law.

What is the difference between obligation and contract?

Contract obligations are those duties that each party is legally responsible to perform under a contract agreement. The obligation is either a type of service one has to perform, a payment that has to be made, or any other promise made to the other party.

Can a creditor refuse a payment?

Legal Options for Creditors Creditors can legally refuse partial payments and demand payment in full, including interest and extra charges like late fees. There are no laws that require them to accept your payments or partial payments. Some creditors are more willing to work with you than others.

What are your obligation to enjoy your rights?

Answer. Answer: respect and obey federal, state, and local laws. respect the rights, beliefs, and opinions of others.

What are the two kinds of quasi contracts?

Kinds of Quasi Contract(1) SUPPLY OF NECESSITIES (Sec. … (2) PAYMENT BY AN INTERSTED PERSON (sec. … (3) OBLIGATION TO PAY FOR NON-GRATUITOUS ACTS (Sec. … (5) MISTAKE OR COERSION (Sec.

What makes an obligation valid?

The obligation is valid. … When the creditor knows that the debtor already has the means to pay, he must file an action in court to fix the period, and when the definite period as set by the court arrives, the obligation to pay becomes demandable (CIVIL CODE, art. 1197). 2.

What is Resolutory obligation?

Resolutory condition refers to a condition whereby, upon fulfillment terminates an already enforceable obligation. It also entitles the parties to be resorted to their original positions.

What an obligation is demandable at once?

An obligation is demandable at once if it is pure obligation which one is not suspended by any condition, whether it has been contracted without any condition, or when thus contracted, the condition has been performed. It is immediately demandable. …  When the obligation is subject to a resolutory period…

What is the obligation of contracts?

Obligation of contracts refers to the legal duty of contracting parties to fulfill the promises specified in their contracts. If the obligations of a contract are in question, a person’s reasonable capacity to perform or refrain from performing the required task will be taken into consideration.

What if a creditor refused my offer of payment?

What if my offers are still refused? Your creditors do not have to accept your offer of payment or freeze interest. If they continue to refuse what you are asking for, carry on making the payments you have offered anyway. Keep trying to persuade your creditors by writing to them again.

What must a debtor do to be released from his obligation?

If the creditor to whom tender of payment has been made refuses without just cause to accept It, the debtor shall released from responsibility by the consignation of the thing or sum due. When the title of the obligation has been lost. …

What is the difference between civil obligation and natural obligation?

A civil obligation(as defined in Art. 1156) is based on positive law; hence, it is enforceable by court action. A natural obligation on the other hand, is based on natural law; hence, it is not enforceable by court action.

What are the elements of quasi delict?

Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.