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A "secondary obligation" is a duty which arises in law as a consequence of another, primary, obligation. [11] A person may themselves incur an obligation to perform a secondary obligation, for example, as a result of them breaching their primary obligation, or by another party breaching an obligation which the secondary obligor has guaranteed.
Merger of counterparty rights in the same person (e.g. debtor-creditor, buyer-seller, landlord-tenant, etc.), thereby extinguishing an obligation or right. Adverb: confusione. conjunctissimus: the most joined Next-of-kin. Plural conjunctissimi. contra bonos mores: against good morals Contracts so made are generally illegal and unenforceable ...
For example, a primary obligation of a nobleman could include generosity towards those around him. As those who lived on the nobles' land had obligations to the nobility, the nobility had obligations to their people, including protection at the least.
An obligation is a legal bond (vinculum iuris) by which one or more parties (obligants) are bound to act or refrain from acting. An obligation thus imposes on the obligor a duty to perform, and simultaneously creates a corresponding right to demand performance by the obligee to whom performance is to be tendered.
Under joint and several liability or (in the U.S.) all sums, a plaintiff (claimant) is entitled to claim an obligation incurred by any of the promisors from all of them jointly and also from each of them individually. Thus the plaintiff has more than one cause of action: if she pursues one promisor and he fails to pay the sum due, her action is ...
A lien (/ ˈ l iː n / or / ˈ l iː ən /) [Note 1] is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the lienee [ 3 ] and the person who has the benefit of the lien is referred to as the ...
A solidary obligation, or an obligation in solidum, is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it. In general, solidarity of an obligation ...
An erga omnes obligation exists because of the universal and undeniable interest in the perpetuation of critical rights and the prevention of their breach. Consequently, any state has the right to invoke state responsibility [ 1 ] in order to hold the responsible state legally liable and required to pay reparations.