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The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as obligations, and this area of law deals with their creation, effects ...
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.
Solidary obligations. 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.
Jean-Jacques Rousseau, The Social Contract, II, 6. The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what is law?" Analytical jurisprudence Main article: Analytical jurisprudence There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead ...
Negative and positive rights are rights that oblige either inaction (negative rights) or action (positive rights). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a negative ...
Contract law. Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law.
Legal liability. In law, liable means "responsible or answerable in law; legally obligated". [1] Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability.
Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from doing an act. In broad terms, if one agrees to do ...