Analyzing legal document

Cards (38)

  • What is an obligation?
    A legal agreement between debtor and creditor
  • What are the categories of obligations?
    1. Civil Obligations
    2. Natural Obligations
    3. 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