Natural Obligations Flashcards
Personal Right vs Real Right
Personal Right (Jus in Personam)
Definition: A right that can be enforced only against a specific person who has an obligation to perform an act or give something.
Example: A contract between two people.
Real Right (Jus in Rem)
Definition: A right that attaches to a thing (property) and can be enforced against the whole world (erga omnes).
Example: Ownership, usufruct, mortgage.
Remedies of creditor in real obligation.
In a specific real obligation (obligation to deliver a determinate thing), the creditor may exercise the following remedies or rights in case the debtor fails to comply with his obligation:
(a) Demand specific performance or fulfillment (if it is still possible) of the obligation with a right to indemnity for damages; or
(b) Demand rescission or cancellation (in certain cases) of the obligation also with a right to recover damages; or
(c) Demand the payment of damages only where it is the only feasible remedy.
