Obligations in General - General Principles

Question 1

Definition of an Obligation

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

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 of will, in instances such as wrongful acts, the management of the affairs of another, unjust enrichment, and other acts or facts.”

Question 3

General Effects

Answer 3

a. For the Obligee—“A. An obligation may give the obligee the right to: (1) enforce the performance that the obligor is bound to render; (2) enforce performance by causing it to be rendered by another at the obligor’s expense; (3) recover damages for the obligor’s failure to perform, or his defective or delayed performance.” La. Civ. Code art. 1758.
b. For the Obligor—“B. An obligation may give the obligor the right to: (1) obtain the proper discharge when he has performed in full; (2) contest the obligee’s actions when the obligation has been extinguished or modified by a legal cause.”