LLAW 113: OBLIGATIONS AND CONTRACTS

Obligation

A juridical necessity to give, to do, or not to do.

Juridical Necessity

The enforcement of an obligation through legal means.

Active Subject

The creditor or obligee who has the right to demand an obligation.

Passive Subject

The debtor or obligor who must fulfill or perform the obligation.

Object or Prestation

What is required to be performed in order to say that an obligation has been fulfilled.

Natural Obligation

Obligations that cannot be enforced in court but ought to be fulfilled as they are moral duties.

Civil Obligation

An obligation that can be enforced by law in court.

Vinculum Juris

The bond of law that creates a legal relationship between parties to an obligation.

Quasi-Contract

An obligation that exists without a formal contract but still imposes duties.

Delict

Acts or omissions punished by law that create civil obligations.

Fortuitous Event

An unforeseeable event that can excuse liability for non-performance of an obligation.

Legal Delay

Delay with legal consequences, requiring judicial or extrajudicial demand.

Mora Solvendi

Delay of the debtor in fulfilling obligations.

Mora Accipiendi

Delay on the part of the creditor in accepting performance.

Compensation

Offsetting of two obligations that extinguishes them to the amount of concurrent values.

Novation

Extinguishment of an obligation by substituting or changing it with a new one.

Contributory Negligence

When a harmed party is partly at fault for their own injury due to their negligence.

Negotiorum Gestio

Voluntary administration of another's property without consent, creating obligations.

Damages

Compensation awarded for loss or injury caused by a breach of obligation.

Joint Obligations

Obligations where each creditor can demand only their proportionate share from debtors.

Solidary Obligations

Obligations where any creditor can demand the entire obligation from any debtor.

Indivisible Obligation

Obligation that cannot be partially fulfilled.

Divisible Obligation

Obligation that can be performed in parts.

Payment

The act of fulfilling an obligation by transferring value.

Condonation

Voluntary forgiveness of a debt which requires acceptance by the debtor.