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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:
An example is law prohibiting genocide. jus gentium: law of nations Customary law followed by all nations. Nations being at peace with one another, without having to have an actual peace treaty in force, would be an example of this concept. jus in bello: law in war Laws governing the conduct of parties in war. jus inter gentes: law between the ...
A secondary obligation, also known as an accessory obligation, is a duty that is incidental to a primary obligation. [11] A duty to perform a secondary obligation may result, for example, as a result of their breach of a primary obligation, or by another party breaching an obligation that the secondary obligor has guaranteed.
Obligation is more loosely defined, with several common use and legal definitions. Most broadly, it is "a duty to pay or perform". [4] There are four common types of obligations in law: contractual obligation, current obligation, conditional obligation, or heritable obligation. [4]
A common example of a solidary obligation created thorough operation of law is vicarious liability such as respondeat superior. Solidarity can be either active or passive. A solidary obligation that is active exists among the obligees (creditors) in the transaction. It is passive when it exists among the obligors (debtors) in a transaction.
The greatest negative obligation may have just one exception—one higher obligation of self-defense. However, even the greatest positive obligations generally require more complex ethical analysis. For example, one could easily justify failing to help, not just one, but several injured children quite ethically, in the case of triage after a ...
An illusory promise, or one which the promisor actually has no obligation to keep, does not count as consideration. The promise must be real and unconditional. This doctrine rarely invalidates contracts; it is a fundamental doctrine in contract law that courts should try to enforce contracts whenever possible.
Thomas Aquinas conflated man-made law (lex humana) and positive law (lex posita or ius positivum). [3] [4] [5] However, there is a subtle distinction between them.Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy.