Civil law of obligations
Several meanings depending on whether one uses it in everyday language: all duty which a person may be compelled under the rules of the most diverse moral obligations, religious, tax. Legal meaning: a much more precise, more targeted than the current language: means that the duties resulting from a rule of law, in other duties accompanied by a legal sanction or require that in case of violation we will obligation in force and to resort to public sanction. And moral obligations, religious are not legally binding.
In private law refer only to the legal relationship between two persons whereby one is called the creditor is entitled to demand something from the other is called the debtor.
This link is called a debt obligation if viewed from the side of the debtor. However when we consider the side of the creditor is called a debt. This link is also part of the heritage of two subjects (t is the debtor of the creditor). For the creditor in its heritage it relates to heritage assets and the economic value is more in its heritage. The debtor is a passive element of heritage. A heritage and obligations are passed to the heirs by inheritance so. Transmission heritage passed on theirs.
Three classifications exist in private law:
- It allows to distinguish objects based on their classifications:obligations to provide: involves goods (objects, rights) and is to transfer to the creditor an interest in property: e.g. property rights: for example as a result of the sale contract: obligations because it generates two data since the seller the obligation to transfer ownership of the property to the buyer and the buyer the obligation to pay the seller to transfer the property i.e. the amount of money to the seller.
-focuses on services, benefits and involves a positive element imposed on the debtor involves performing a service: for example the employment contract: the obligation for the employee to do what he was hired.
- And not to: the debtor involves abstention: example: the obligation did not build (on land), not to compete.
- Second classification, distinguished by their binding force of the obligation of the debtor:
-Civil Obligations: gives the creditor the power to demand the execution i.e. the debtor if the debtor refuses to comply with these commitments the creditor may compel legal manner with the implementation of forced execution.
- Obligations: natural obligations that is unusually free of legal sanctions. However, they are called obligations as if they are voluntarily undertaken by the debtor; the execution is then legally binding and cannot be questioned. They fulfill a moral duty, honesty; some people may be able to make it respected. Example: the law imposes a civil obligation that is food between ascending and descending, but not having relations with siblings, but the judges considers however that there are brothers and sisters a natural obligation.
Tags: Civil Obligations, public sanction, transmission heritage, legal sanction, ownership