| 词汇 | Obligation |
| 释义 | `1`Obligation `2` "Legal Lexicon": OBLIGATION - The requirement to do what is imposed by law, promise, or contract; a duty. In its general and most extensive sense, obligation is synonymous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made. The term obligation also signifies the instrument or writing by which the contract is witnessed. And in another sense, an obligation still subsists, although the civil obligation is said to be a bond containing a penalty, with a condition annexed for the payment of money, performance of covenants or the like; it differs from a bill which is generally without a penalty or condition though it may be obligatory. It is also defined to be a deed whereby a man binds himself under a penalty to do a thing. The word obligation, in its most technical signification imports a sealed instrument. Obligations are divided into imperfect obligations and perfect obligations. Imperfect obligations are those which are not binding on us as between man and man, and for the non-performance of which we are accountable to God only; such as charity or gratitude. In this sense an obligation is a mere duty. A perfect obligation is one which gives a right to another to require us to give him something or not to do something. These obligations are either natural or moral, or they are civil. A natural or moral obligation is one which cannot be enforced by action, but which is binding on the party who makes it, in conscience and according to natural justice. As for instance, when the action is barred by the act of limitation, a natural obligation is extinguished. Although natural obligations cannot be enforeed by action, they have the following effect: 1. No suit will lie to recover back what has been paid, or given in compliance with a natural obligation. A natural obligation is a sufficient consideration for a new contract. A civil obligation is one which has a binding operation in law, vinculum juris, and which gives to the obligee the right of enforcing it in a court of justice; in other words, it is an engagement binding on the obligor. Civil obligations are divided into express and implied, pure and conditional, primitive and secondary, principal and accessory, absolute and alternative, determinate and indeterminate, divisible and indivisible, single and penal, and joint and several. They are also purely personal, purely real, and both real and mixed at the same time. Express or conventional obligations are those by which the obligor binds himself in express terms to perform his obligation. An implied obligation is one which arises by operation of law; for example, if I send you daily a loaf of bread without any express authority and you make use of it in your family, the law raises an obligation on your part to pay me the value of the bread. A pure or simple obligation is one which is not suspended by any condition, either because it has been contacted without condition or having been contracted with one, it has been fulfilled. A conditional obligation is one the execution of which is suspended by a condition which has not been accomplished and subject to which it has been contracted. A primitive obligation, which in one sense may also be called a principal obligation, is one which is contracted with a design that it should, itself, be the first fulfilled. A secondary obligation is one which is contrasted and is to be performed in case the primitive cannot be. For example, if I sell you my house, I bind myself to give a title but I find I cannot as the title is in another, then my secondary obligation is to pay you damages for my non-performance of my obligation. A principal obligation is one which is the most important object of the engagement of the contracting parties. Go to Obligation2 |
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