chap1 Flashcards
DEFINITION OF OBLIGATION
It is Liability or duty to do something or refrain from doing something under the terms of a contract such as the obligation of a borrower (the obligor ) to pay back the lender(the oblige) under the terms of the loan agreement ).Obligation usually involves a penalty non-fulfillment.
Definition of obligation (Black’s law );
An obligation is a legal duty, by which a person is bond to do or not to do a certain thing. (Civil code )
Forms of Obligation:
In legal terminology, there are several forms of obligation, including:
1) absolute or pure obligation,
2) contractual obligation,
3) express obligation,
4) moral obligation, and
5) penal obligation.
1) absolute
An absolute obligation is when an individual or a thing has to do something or perform an act because the duty has unconditional terms to it
contractual obligation,
A contractual obligation means that a person has to comply with the directives stated or given due to the agreement, promise, or verbal/written contract that is in place between the individuals involved.
Express obligation
3.Express obligation : In order to express the idea of obligation ,to talk about rules ,duties,or orders ,to give strong advice to the people or to ourselves ,must ,have (got)to ,should and ought to are used.
- A Penal obligation
- A Penal obligation: A Penal obligation is one to which is attached a penal clause which is to be enforced ,if the principal obligation be not performed.
5.Moral obligation.
5.Moral obligation.
It is an obligation arising out of considerations of right or wrong.
THE DIFFERENCE BETWEEN ABSOLUTE RIGHTS OR( PROPERTY RIGHTS) AND RELATIVE OR( PERSONAL RIGHTS).
(1)The nature or the characteristics of the rights.
The rights that come from real rights is complete in the sense that it creates legal obligation against every body that requires to protect the holder of the real right against any violations that hinders him using it fully in compliance with the law ; While the obligation rights are created by the transactions or agreements between the parties,by legal provisions and by natural duties(Relative rights).
(2)The legal relation between the right and the person.
The rights about the real rights which is the legal relation between the owner and the object is a complete and direct relation while the relative rights are legal relation limited to the parties of the agreement. On the other hand the real rights are based on the comprehensive control over the object by the owner of the rights, while in the obligation rights or (relative rights) gives prevalence or its priority to the performance expected from an individual or a group(Trabuchi).
3.Defending the rights: In the real rights ,which is a complete legal relation ,the rights holder ,in order to defend his rights ,is capable of applying any legal means to defend or protect his rights against anyone who violates his rights (Absolute rights )but in the claims from obligations from legal relationship, usually the creditor can personally take legal action and can demand his rights only against any person with whom the legal relation exists ;the debtor(Relative Rights ).
(4)Ownership of the rights : The real rights are property rights and can be possessed as original source while the rights from legal relations between two parties or more ,and it can be appropriated through derivative manner.
THE ELEMENTS OF THE OBLIGATION;
1.Debtor: ( Dayn qabe) is the party that is liable for the performance of the obligation created through the legal relations between two parties ;its contents is the responsibility of the fulfillment of a determinate prestation.
2. Creditor: who is the person lending a loan to the debtor and who has the right to receive the payment of the loan in the right time,right place and in the right form agreed by the debtor.
3. Prestation or performance:
This is the object of the obligation rights that is supposed to be fulfilled as a legal ,moral ,necessary or natural obligation by the obligor
Characteristics of the prestation :
The conditions of the activities that are required to be done or given for the fulfillment of obligations rights by the debtor or obligor include :
1.The prestations or the performances must have a monetary value.
2.Possibility of the work or performance is outmost important.
3.The legality of the object of the obligation
4.The task or the modality of the obligation should be determinate or determinable ;
5.The purpose of the obligation must conform with the aim of the oblige or the creditor whether it be legal. Moral ,necessity or by custom .
