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Every obligation has four essential requisites otherwise known as the elements of obligation. They are: the obligor: obligant duty-bound to fulfill the obligation; he who has a duty. the obligee: obligant entitled to demand the fulfillment of the obligation; he who has a right. the subject matter, the prestation: the performance to be tendered.
The popular meaning of the term “obligation” is a duty to do or not to do something. In its legal sense, obligation is a civil law concept. An obligation can be created voluntarily, such as one arising from a contract, quasi-contract, or unilateral promise.
Obligation – refers to “a juridical necessity to do or not to do.” (CIVIL CODE, Article 1156) Juridical necessity – refers to legal obligation or compulsion. Under this Article, the obligation being defined is a legal obligation as opposed to other obligations, such as moral, ethical, spiritual obligations.
In this essay, I reflect on the fundamental characteristics of obligation understood as a concept with its own distinctive defining features.
A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
An obligation exists when: (1) an obligor (debtor) owes a performance in favor of an obligee (creditor); and (2) the performance or duty is legally enforceable. The obligee is entitled to judicial enforcement of the obligor's duty to perform, and to recover damages if the obligor fails to perform.
The elements of an obligation are: the parties, an object, the relationship by virtue of which one party is bound to perform for the other's benefit, and, in the case of conventional obligations, a cause.
In this contribution I intend to discuss a specific component of rules: the obligatory component incorporated in some rules and rule-like standards. I thus scrutinise the notion of obligation, which I consider a central element to both ruleness and the practice of rule-following.
Obligations in the Law. Every legal system contains obligation-imposing laws, but there is no decisive linguistic marker determining which these are. The term “obligation” need not be used, nor its near-synonym, “duty”. One rarely finds the imperative mood.
In a nutshell, the overall strategy I will follow in working towards the objective just set out – putting forward an account of legal obligation – consists in, first, (i) introducing a concept of obligation in wide currency today, and then (ii) critically considering a number of different theoretical accounts of legal obligation that have ...