General Provisions Overview

• What is the definition of an obligation according to Article 1156 of the Civil Code?

  A juridical necessity to give, do, or not do
• What are the key components of juridical necessity in obligations?

  • Duty must be fulfilled
  • Courts can enforce obligations
  • Agreements are binding
  • Consequences for disregarding commitments
• What happens when you buy a product in terms of obligation?

  You give money to receive the item
• What does the Latin word "obligatio" mean?

  "to bind" or "to tie"
• What is the Latin origin of the term "obligation"?

  "obligatio"
• What does it mean when an obligation is described as a juridical necessity?

  It is a legal duty that must be fulfilled
• What does it mean to agree to provide a service in terms of obligation?

  You do the work as promised
• What is the relationship between obligations and legal agreements?

  • Obligations create legal bonds
  • They require parties to fulfill terms
  • Failure to meet obligations can lead to legal action
• How does an obligation create a legal bond?

  It binds individuals legally to each other
• What is meant by juridical necessity in an obligation?

  Courts can enforce it if not fulfilled
• What are the three types of obligations defined in Article 1156 of the Civil Code?

  • To give
  • To do
  • Not to do
• What does the legal duty in an obligation entail?

  To perform or refrain from a specific act
• What happens if you don't fulfill your obligation in a lease agreement?

  The landlord can seek legal enforcement
• What role does the debtor play in an obligation?

  The debtor has the duty to perform
• What role does the creditor play in an obligation?

  The creditor benefits from the obligation
• What is a key characteristic of an obligation?

  Legal duty
• Can the roles of debtor and creditor change in different situations?

  Yes, roles can reverse
• What does the creditor receive in an obligation?

  The benefit or performance of an action
• How does a loan agreement illustrate the roles of debtor and creditor?

  • Borrower is the debtor
  • Lender is the creditor
  • Debtor must repay the loan
  • Creditor receives money back with interest
• What are the legal mechanisms for enforcing obligations?

  Judicial process and civil actions
• Who is the creditor in a loan agreement?

  The person lending money
• What does the obligation "not to do" entail?

  • Refraining from performing a specific act
  • Example: Not building on a neighbor's land
• What are the three types of obligations?

  To give, to do, not to do
• How do the obligations "to give," "to do," and "not to do" differ from each other?

  They involve transferring, performing, or refraining
• In a sales transaction, who becomes the creditor after payment is received?

  The seller
• What does the obligation "to do" involve?

  • Performing an action or service
  • For the creditor
  • Example: Hiring a painter
• What does juridical necessity in obligations mean?

  Court enforcement of unfulfilled duties
• Who is the debtor in a loan agreement?

  The person borrowing money
• What is the legal duty of the debtor?

  To perform or refrain from an action
• What are the key differences between a debtor and a creditor?

  • Debtor: has a legal duty to act
  • Creditor: receives benefits from the debtor
  • Roles can change based on context
• What is the consequence of failing to fulfill a juridical necessity?

  Legal action can be taken by the creditor
• What can a buyer do if they want a product delivered?

  They can take the seller to court
• How does juridical necessity affect the relationship between debtor and creditor?

  It creates enforceable obligations for both parties
• If a landlord wants rent paid, what legal action can they take?

  They can sue the tenant
• What can civil actions include when enforcing obligations?

  Suing to recover damages or obtain injunctions
• What does the obligation "to give" entail?

  • Transferring ownership or possession
  • From debtor to creditor
  • Example: Selling a car
• What is the purpose of the judicial process in enforcing obligations?

  To resolve disputes in courts
• What does it mean for obligations to be juridical necessities?

  Legal actions can enforce them if unmet
• Who are the two parties involved in an obligation?

  Debtor and creditor
• What are the two main legal mechanisms for enforcing obligations?

  • Judicial Process
  • Resolves disputes in courts
  • Civil Actions
  • Includes suing for damages or injunctions