Conventional Obligation or Contracts

Question 1

§1756 Obligations definition

Answer 1

an obligation is a legal relationship whereby a person, called the obligor is bound to render a performance in favor of another; called the obligee. Performance may consist of giving, doing, or not doing something

Question 2

§1757 There are two sources of obligations

Answer 2

Obligations arise from contracts and other declarations of will. They also arise directly from the law, regardless of a declaration will, in instances such as wrongful acts, the management of the affairs of another, unjust enrichment and other acts or facts.
Sources of obligations are juridical acts and juridical facts
A conventional obligation is produced by a contract

Question 3

§1758 General Effect
Obligee

Answer 3

Obligee
1. Right to enforce the performance that the obligor is bound to render
2. Right to enforce performance causing it to be done by another at the obligor’s expense
3. Right to recover damages for obligor’s failure to perform or for defective or delayed performance

Question 4

§1758 General Effect
Obligor

Answer 4

1. Right to obtain proper discharge when performed in full
2. Right to contest obligee’s actions when obligation is extinguished or modified by a legal cause.

Question 5

§1759 Good faith

Answer 5

Good flight shall govern the conduct of the obligor and the obligee in whatever pertains to the obligation
3 Elements:
1) honest in belief or purpose
2) faithfulness to one’s obligations
3) absence of intent to defraud.

The article extends to obligations in general, which states that contracts must be performed in good faith.