Intro Obligations Flashcards
1
Q
- What is an obligation?
A
o A legal relation where a debtor owes performance to a creditor
2
Q
- What are the elements of an obligation?
A
o Subjects, content, object, and sanction.
3
Q
- What are the subjects in an obligation?
A
o Creditor and debtor.
4
Q
- What constitutes the content of an obligation?
A
o Rights of the creditor and duties of the debtor.
5
Q
- What is the object of an obligation?
A
o The debtor’s duty to perform.
6
Q
- What are the types of duties in obligations?
A
o Positive (to do/give) and negative (not to do).
7
Q
- What governs obligations in Romania?
A
o Article 1164 of the Civil Code.
8
Q
- What sanctions exist for non-performance of obligations?
A
o Execution of duties or damages for lack of performance.
9
Q
- What are obligations classified by source?
A
o Contracts, legal acts, or legal facts.
10
Q
- What is the role of consent in obligations?
A
o It is essential for the creation of contractual obligations
11
Q
- What is a vinculum iuris?
A
o A binding legal tie between the debtor and creditor.
12
Q
- How does law enforce obligations?
A
o Through legal actions, judgments, or sanctions.
13
Q
- What is a civil obligation?
A
o One arising from private law.
14
Q
- What is the difference between active and passive obligations?
A
o Active: creditor’s rights; Passive: debtor’s duties.
15
Q
- What ensures the enforceability of obligations?
A
o Legal or judicial measures.
