Nowadays, an obligation in the civil law sense means a legal obligation (vinculum iuris) by which one or more parties (obligated parties) are obliged to show or refrain from a certain behavior (performance). [8] An obligation thus encompasses both sides of the equation, namely both the debtor`s obligation to carry out the pregnancy and the creditor`s right to conceive the pregnancy. It differs from the common law concept of duty, which covers only the mandatory aspect. An obligation is a legal obligation (vinculum iuris) by which one or more parties (obligated parties) are obliged to act or refrain from acting. An obligation therefore imposes an obligation on the debtor and at the same time establishes a corresponding right of performance on the part of the recipient of the service. In the original sense, the concept of obligation referred only to liability for the payment of sums specified in the terms of certain written documents. To be considered an obligation, the document had to be signed under seal. In today`s legal world, the obligation refers to the obligation to participate in a particular act on the basis of their consent to another party or in accordance with the law. Obligations are not only financial, as is the case of a politician to faithfully represent his constituents. Social obligations refer to the things we accept as individuals because they are collectively accepted. [8] When people accept a promise or agreement, they collectively accept the terms of that agreement or promise. Humanity is obliged to fulfill this promise or agreement. [8] A primary obligation is an obligation that must be fulfilled since it is the main object of the contract containing it, while an ancillary obligation is only incidental to another primary obligation or arises only when the principal obligation cannot be fulfilled.
Justinian defines an obligation[6] first in his Institutions, Book 3, Section 13 as « a legal obligation to which we are bound in the sense that we must necessarily perform an act in accordance with the laws of our state. » [7] It further divides the law of obligations into contracts, torts, quasi-contracts and quasi-offences. Commitments are an important aspect of personal finance. Each budget should first include all financial obligations for which the person is responsible during the given period. The financial obligation ratio (FOR), a quarterly figure released by the Federal Reserve Board that estimates the ratio of household debt payments to disposable income, is a useful measure of individual budgets. A careful valuation of obligations is particularly important for retirement provision. When planning for longer periods like these, the budget officer should consider longer-term commitments, such as interest rates on mortgage payments or health care costs, that have not yet been incurred. A moral obligation is binding and just on conscience, but not necessarily legally enforceable. These forms of commitment have some aspects of binding agreements, moral duty or explicit responsibility, but they all have one thing in common: the need to do good or law. In the most technical definition, obligation refers to a sealed instrument. In Black`s Law Dictionary, the obligation is a moral or legal obligation to do or not to perform an action.
Some jurists, including Fredrick Pollock, argue that obligation is another word for duty. The legal meaning of the obligation under ancient Roman law claims that obligations are the link of vinculum juris or legal necessity between at least two persons or parties. The obligations arising from the will of the parties are said to be voluntary, and those imposed by law are said to be involuntary. Sometimes these are described as conventional and obedient. Events that give rise to commitments can be subdivided into certain categories. Obligation is the moral or legal obligation that obliges a person to perform, as well as possible sanctions for non-performance. An obligation is also a duty to do what is imposed by a contract, promise or law. In the most general sense, duty is synonymous with obligation.
When it becomes more technical, the obligation refers to the commitment that obliges a party to perform a task, perform an action or pay a sum of money required in accordance with the customs and laws of the country in which the agreement was concluded. In its original sense, the term obligation was of a very technical nature and referred to the obligation to pay the sums due for certain written documents signed under seal. Currently, the obligation is used in relation to everything that a person is required to do on the basis of a promise, vow, oath, contract or law. It refers to a legal or moral obligation that a person may be compelled or punished to fulfill if he neglects performance. A contractual obligation means that a person must comply with the instructions given or given due to the agreement, promise or oral/written contract between the persons involved. For example, Bernard has a contractual obligation to repay his money to Michael, provided that his rental agreement for the old apartment. The definition of duty in law refers to the responsibility to obey the actions agreed in a contract, promise, law, oath or vows.3 min read A criminal obligation is a penalty, such as the obligation to pay an additional sum if the terms of an agreement cannot be met. Obligations may be held by any natural or legal person involved in any type of contract with another party and, generally speaking, they may be written or unwritten. A politician, for example, has a written obligation to serve all of his constituents within the limits of the law, but they may also have an unwritten obligation to make decisions that affect their largest donors. An obligation may also refer to the letter or act by which a party testifies to the contract or agreement.
The obligations continue to exist even if a civil obligation is similar to an obligation containing a contractual penalty containing a condition of payment or performance. An invoice usually has no conditions or penalties, although the actions described may be required, distinguishing an invoice from an obligation. Another way of describing an obligation is an act that binds one party to another under a possible penalty for performing an act. An absolute obligation is when a person or thing must do something or perform an action because duty has unconditional conditions. For example, the government has an absolute obligation to implement all aspects of the Bill of Rights because all persons have these rights regardless of nationality, creed, colour or religion. A criminal obligation is an obligation in which a penalty is imposed if a particular act is committed that directly violates the terms of the contract, promise or vow. For example, according to the marriage contract between Marshal and Janice, if one of them had an extramarital relationship, the criminal obligation would be that the illegal person would have to pay the other spouse an additional $1 million in addition to spousal and child support. A generic term for any type of legal obligation or liability. One of the earliest known classifications was made by Gaius in his institutions, which divided obligations into ex contracted obligations (obligations arising from legal action) and ex delicto obligations (obligations arising from illegal and unlawful acts).
However, since this classification is clearly too vague, Gaius, in his book Res cottidinanae, classified all the obligations as ex contractu obligations and ex delicto obligations mentioned above, as well as obligations ex variis causarum figuris, a heterogeneous category intended to include all cases of obligations not arising from torts or contracts. Each obligation has four essential conditions, also known as mandatory elements. These are: Written obligations are contracts. They legally bind two people to an agreement. Each person is responsible for the performance of his part of the contract. A legally valid contract consists of an offer, an acceptance of that offer, the intention to combine in a legal agreement and a consideration, something of value, to be exchanged. [6] Another jurist, John Salmond, explained that an obligation refers to morality or laws that command or compel a person to perform an action. The obligation takes effect on the basis of the sanctions applicable in the event of non-compliance with the conditions. In the current legal system and in current legal documents, the obligation is defined individually or precisely. However, scientists often apply their own definitions depending on their legal situation and systems. For example, French judges could define the obligation as legally binding rules between the parties describing the requirements to perform or not to perform an act.
The most accurate Roman classification of obligations was found in the institutions of Justinian (not to be confused with the instruments of Gaius), which classified them as obligations arising from contracts (ex contractu), those arising from torts (ex maleficio), those from quasi-contracts (quasi-ex contractu) and those from quasi-infringements (quasi-ex maleficio). [9] An explicit commitment means that the duties, tasks or promises are explicitly stated in the agreement or terms. For example, Jacob`s new employment contract provides that he will stay with the company for two years and close at least 100 files per year.
