PRIV LAW: Law of obligations

Obligation

The act of giving, doing, or refraining from doing something.

Debt

Legal duty to comply with an obligation.

Liability

The legal power of a creditor to enforce compliance with an obligation.

Sources of obligations

Include law, contracts, quasi-contracts, criminal offenses, tort, and unjust enrichment.

Classification of obligations

Categorized as positive/negative, specific/generic, means/result, one-off/periodic, alternative/facultative, divisible/indivisible, settled/unsettled, money obligation, interest payment, ordinary/default.

Modification of obligations

Can occur through modificative novation, extinctive novation, and modalities like change of object or party.

Termination of obligations

Can happen due to payment, compliance, loss of thing, condonation, confusion of rights, compensation, novation, nullity, condition subsequent, death, mutual dissent, unilateral desist act, or breach.

Breach of obligations

Types include delay, definitive breach, uncomplete/inexact compliance, with remedies like specific performance, termination, and damages.

Security of assets

Universal patrimonial responsibility ensures all debtor's assets are liable for obligations, with exceptions for unseizable assets or agreements limiting this responsibility.

Guarantees of obligations

Include penalties (sanction, substitutive, facultative), down payment, retention, and ranking of claims in bankruptcy.

Claims

Specific performance, equivalent performance, termination, damages, discount in price, subrogation, direct claim, Pauline claim, and sale of goods.