Intro Obligations Flashcards
- What is an obligation?
o A legal relation where a debtor owes performance to a creditor
- What are the elements of an obligation?
o Subjects, content, object, and sanction.
- What are the subjects in an obligation?
o Creditor and debtor.
- What constitutes the content of an obligation?
o Rights of the creditor and duties of the debtor.
- What is the object of an obligation?
o The debtor’s duty to perform.
- What are the types of duties in obligations?
o Positive (to do/give) and negative (not to do).
- What governs obligations in Romania?
o Article 1164 of the Civil Code.
- What sanctions exist for non-performance of obligations?
o Execution of duties or damages for lack of performance.
- What are obligations classified by source?
o Contracts, legal acts, or legal facts.
- What is the role of consent in obligations?
o It is essential for the creation of contractual obligations
- What is a vinculum iuris?
o A binding legal tie between the debtor and creditor.
- How does law enforce obligations?
o Through legal actions, judgments, or sanctions.
- What is a civil obligation?
o One arising from private law.
- What is the difference between active and passive obligations?
o Active: creditor’s rights; Passive: debtor’s duties.
- What ensures the enforceability of obligations?
o Legal or judicial measures.
- What are extinctive obligations?
o Obligations that cease upon fulfillment.
- What are continuing obligations?
o Obligations requiring repeated performance over time.
- What are unilateral obligations?
o Obligations where only one party has a duty.
- What are bilateral obligations?
o Obligations where both parties have mutual duties.
- What legal acts create obligations?
- What legal acts create obligations?
