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Oblicon
Analyzing legal document
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Teerak
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Cards (38)
What is an obligation?
A legal agreement between
debtor
and
creditor
What are the categories of obligations?
Civil Obligations
Natural Obligations
Moral Obligations
If you borrow money from a friend, what is your obligation?
To repay the
loan
according to
agreed terms
How does the obligation of a debtor differ from that of a creditor?
The debtor must
perform
the promise, while the creditor expects it
Who is the debtor in an obligation?
The person who
promises
to do
something
What is the creditor's role in an obligation?
The person who expects the promise to be
fulfilled
What are obligations in legal terms?
Legal agreements
enforced
by law
What defines moral obligations?
Non-legal obligations based on
ethics
What are natural obligations?
Moral agreements
without legal
enforcement
How do obligations ensure fairness in legal relationships?
They provide
accountability
and
enforceability
What are the strengths of different types of obligations?
Civil Obligations
: Enforceable in court
Natural Obligations
: Ethical weight without enforcement
Moral Obligations
: Based on ethics, not legal
What occurs if a debtor voluntarily fulfills a natural obligation?
They cannot
recover
what was given
What are natural obligations?
Moral commitments
that are not
legally enforceable
What are the key differences between civil and natural obligations?
Enforcement
:
Legal vs. Moral
Rights:
Enforceable
vs.
Non-enforceable
Fulfillment:
Mandatory
vs.
Voluntary
Who is the passive subject in an obligation?
The person responsible for performing the
promise
What happens if a debtor fails to fulfill a civil obligation?
The
creditor
can demand
performance
through
court
In a loan scenario, who is the debtor?
The
person
who
borrows money
What are the essential requisites of a valid obligation?
Passive subject (
debtor
or obligor)
Active subject (
creditor
or obligee)
Object or
prestation
Legal tie (juridical tie)
What is the role of the creditor in an obligation?
The creditor has the right to demand
performance
What is another term for the active subject?
Creditor
or
obligee
In a loan scenario, who is the creditor?
The person who
lends
money
What duty does the debtor have in an obligation?
To perform the
promise
made
Why is the legal tie important in an obligation?
It makes the obligation
enforceable
by law
What does the object or prestation refer to in an obligation?
What must be done,
given
, or
paid
What is the legal tie in an obligation?
The
relationship
that binds the
parties
together
What happens if one of the four elements of an obligation is missing?
The obligation is not
valid
or legally binding
If you borrow money from a friend, who is the debtor?
You are the debtor
How does the creditor's expectation relate to the debtor's obligations?
The creditor expects the debtor to fulfill their
promise
Do natural obligations have legal enforcement?
No
, they
lack legal enforcement
What defines civil obligations?
Legal promises
enforceable in
court
Are moral obligations legally enforceable?
No
,
they are not legally enforceable
What defines the active subject in an obligation?
Known as
creditor
or obligee
Has the right to demand
performance
Expects
debtor
to fulfill their promise
What are the four essential parts of an obligation?
Passive subject
,
active subject
,
object
,
legal tie
Can creditors demand civil obligations in court?
Yes
,
they
can
demand
them
in
court
What is the role of the active subject in an obligation?
The person who can demand the
performance
In a loan agreement, who is considered the creditor?
The
lender
who grants the money
What are civil obligations?
Legally enforceable
agreements
What is another term for the passive subject?
Debtor
or
obligor