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Thus an obligation encompasses both sides of the equation, both the obligor's duty to render prestation and the obligee's right to receive prestation. It differs from the common-law concept of obligation which only encompasses the duty aspect. Every obligation has four essential requisites otherwise known as the elements of obligation. They are:
The code of obligations is a portion of the private law (SR/RS 2) of the internal Swiss law. [3] It is also known by its full name as Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations). Swiss law is often used to regulate international contracts, as it is deemed neutral with respect to the parties. [4]
The Applicable Law of the transfer will determine the mutual obligations of assignor and assignee as against the third party, i.e. "the debtor". Article 13 deals with subrogation so that whether a third person may enforce an existing liability owed to a "creditor" by a "debtor" is determined by reference to the law which governs the debtor's ...
The Swiss Civil Code (SR/RS 210, German: Schweizerisches Zivilgesetzbuch (ZGB); French: Code civil suisse (CC); Italian: Codice civile svizzero (CC); Romansh: Cudesch civil svizzer) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the codified law ruling in Switzerland and relationship between ...
The Rome I Regulation (Regulation (EC) No 593/2008 [1] of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations) is a regulation which governs the choice of law in the European Union.
العربية; Azərbaycanca; Беларуская; Беларуская (тарашкевіца) Български; Català; Чӑвашла; Čeština; Dansk
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts.The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust.
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.