Oblicon

• Law is defined as the science of moral laws based on the rational nature of man, governing free activity for the realization of individual and social ends
• In a specific sense, law is a rule of conduct that is just and obligatory, promulgated by legitimate authority, typically the Legislature
• Obligations and Contracts:

  • Deals with the nature and sources of obligations, rights, and duties arising from agreements and contracts
  • A contract is a meeting of minds between two persons where one binds themselves to give something or render a service to the other
  • An obligation is a juridical necessity to give, to do, or not to do
• Four Elements of an Obligation:

  1. Active Subject (obligee or creditor)

  2. Passive Subject (obligor or debtor)

  3. Object or Prestation

  4. Efficient Cause / Juridical tie
• Kinds of Obligations:

  • Civil Obligation: grants the creditor a right of action in courts of justice
  • Natural Obligation: based on equity and natural law, does not grant a right of action but may result in voluntary fulfillment
  • Moral Obligation: the sanction is conscience or morality
• Distinction between Civil and Natural Obligations:

  • Civil obligations grant a right of action in courts of justice
  • Natural obligations, based on equity and natural law, do not grant a right of action
• Kinds of Obligations from the viewpoint of "subject matter":

  • Real Obligation: the obligation to give
  • Personal Obligation: the obligation to do or not do
• Sources of Obligations:

  1. Law

  2. Contracts

  3. Quasi-contracts

  4. Acts or omissions punished by law

  5. Quasi-delicts
• Five Sources of Obligation:

  1. Law

  2. Contracts

  3. Quasi-Contracts

  4. Crimes or acts punished by law

  5. Quasi-Delicts or Torts
• Oblikovanje = design, layout, formatting