- What are the 4 elements of obligation?
- What is a pure obligation?
- What are the types of obligation?
- What is alternative and facultative obligation?
- What are the 5 sources of obligation?
- What are three examples of obligations?
- What are the 3 kinds of prestation?
- What is a facultative obligation?
- Why are obligations under Civil Code a juridical necessity?
What are the 4 elements of obligation?
Every obligation has four essential elements: an active subject; a passive subject; the prestation; and the legal tie.
The ACTIVE SUBJECT is the person who has the right or power to demand the performance or payment of the obligation.
He is also called the obligee or the creditor..
What is a pure obligation?
A pure obligation is one that is demandable at once because it does not depend upon a future or uncertain event, not on a past event unknown to the parties and is not an obligation with a resolutory condition. A simple promissory note to pay certain amount within a certain period is an example of a pure obligation.
What are the types of obligation?
In legal terminology, there are several forms of obligation, including:absolute obligation.contractual obligation.express obligation.moral obligation.penal obligation.
What is alternative and facultative obligation?
Answer: Alternative Obligations is on wherein various prestations are due but the performance of one. of them is sufficiently determined by choice which, as a general rule, belongs to the debtor, while is. Facultative Obligations is where only one prestation has been agreed upon but the obligor may render.
What are the 5 sources of obligation?
Article 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi‐contracts; (4) Acts or omissions punished by law; and (5) Quasi‐delicts. Sources of Obligations Law — when they are imposed by law itself.
What are three examples of obligations?
An example of obligation is for a student to turn in his homework on time every day. A course of action imposed by society, law, or conscience by which someone is bound or restricted. (law) A legal agreement stipulating a specified payment or action; the document containing such agreement.
What are the 3 kinds of prestation?
according to the nature of the prestation:Personal obligation – the prestation is to do or not to do an act: Positive obligation – to do an act. Negative obligation – not to do an act.Real obligation – the prestations is to give or deliver a thing: Determinate obligation – to deliver a determinate thing.
What is a facultative obligation?
Facultative obligation refers to a type of obligation where one thing is due, but another is paid in its place. In such type of obligations there is no alternative provided. The debtor is given the right to substitute the thing due with another that is not due.
Why are obligations under Civil Code a juridical necessity?
Obligation is a juridical necessity because in case of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or in default thereof, the economic value that it represents. obligation. …