OBLIGATIONS LAW

Obligations Law



Obligations Law

Introduction

The Law of Obligations studying law rules that formalize the duties between two or more persons. In the contract, the only meeting of the minds on the subject of the provision and pricing of this benefit is sufficient to establish an obligation, for example, the sales contract. In general, the creation of an obligation is not subject to any rules of formality. In non-contractual matters, some events become facts creating obligations, including an injury to others.

Defining the Requirement

The bond is a legal relationship that unites two or more persons whereby one binds himself towards another person to do (or not do) or give. Therefore, BSL is obliged to report;

A creditor holding a claim on the debtor, namely the receipt of a benefit,

A debtor, holder of a debt to the creditor, who must answer for the debt on all his assets, except exempt property.

This subjective link between the creditor and the debtor has several characteristics:

This is a historic link, which includes assets of the creditor and the debtor's liabilities, that is vested by operation of the estate;

It is also a personal, on the heritage of others, as opposed to real rights, on one thing;

It is subject to compulsory execution, the obligation is civil or commercial matters.

While contract law is the formation and effects of contracts in general, it is also responsible for major contracts in particular, who possess their typical elements. It should be mentioned among the most important contracts to purchase, the mandate, the mortgage and leasing. The law of obligations is a branch of civil law, within the law of property, focuses on the study of legal obligation. As such, the law of obligations covers the law of contracts, training and studying their effects, particularly the civil liability arising from the breach. Tort law or civil liability, which deals with compensation for damage caused to others. Civil law applicable to the branch of Private Law, examines the legal relationships between people including the moral, just as the personal rights of the first and attributes of individuals.

Personal or Credit Law

It establishes a legal relationship in which the parties referred to one creditor has the discretionary power (ability to exercise or not the fulfilment of an obligation or action). Thus, L&H should have a commitment and prolong to fulfill it.

Real Law

The doctrine states that there is a direct and immediate power which a person is an asset or a right to be effective against third parties, being able to pursue detente who pointed as a classic example of the Real Property Law, as the owner of this right may be used, have and enjoy the fine under the law. Therefore, L&H will take the offer and have to comply with the things without changes and forcefully serve anything against the third party.

Discussion

Classification of Obligations

In private law, the legal relationship between people will always be able, whether physical or moral will to engage in business or not, and the relationship with third party holding legal acts will ...