01_ObliCon

Front

What is an obligation according to Article 1156?

Back

An obligation is a juridical necessity to give, to do, or not to do.

Front

What does the term 'obligation' derive from?

Back

The term 'obligation' is derived from the Latin word 'obligatio', which means a 'tying' or 'binding'.

Front

What are the essential requisites of an obligation?

Back

1. A passive subject (debtor or obligor) 2. An active subject (creditor or obligee) 3. Object or prestation 4. A juridical or legal tie.

Front

What distinguishes civil obligations from natural obligations?

Back

Civil obligations grant the creditor a right of action in courts to enforce performance, while natural obligations do not.

Front

What is the meaning of juridical necessity in obligations?

Back

Juridical necessity means that in case of non-compliance, the courts may enforce fulfillment or the economic value it represents.

Front

What happens if an obligation cannot be enforced?

Back

If an obligation cannot be enforced, it may only be a natural obligation.

Front

What is the difference between a right and an obligation?

Back

An obligation is the act or performance which the law will enforce, while a right is the power to demand a prestation from another.

Front

What are the essential elements of a cause of action?

Back

1. A legal right in favor of a person (creditor/plaintiff) 2. A correlative legal obligation on the part of another (debtor/defendant) 3. An act or omission in breach of said right.

Front

What is the difference between injury, damage, and damages?

Back

Injury is the illegal invasion of a legal right; damage is the loss or harm resulting from the injury; damages are the sum of money recoverable as compensation.

Front

What is a quasi-contract?

Back

A quasi-contract is a juridical relation resulting from lawful, voluntary, and unilateral acts, binding parties to prevent unjust enrichment.