Introduction in Obligations

1. Definition

art. 1164 Civil Code

The obligation is a legal relation (vinculum iuris) ) by which the obligor

(debtor) has a duty to perform to the obligee (creditor) and the later has the right
to receive it

It is the body of rules that organizes and regulates the rights and duties arising
between individuals.

The specific rights and duties are referred to as obligations, and this area of law
deals with their creation, effects, and extinction.

2. Structure

1. SUBJECTS

Any legal or natural person

Creditor vs. Debtor

2. CONTENT

Debt Right part of the Active of the Creditor

Duty (Obligation) part of the Passive of the Debtor

3. OBJECT

Art. 1226 par. 1: the duty assumed by debtor

with a positive character: to do or to give or with a negative character: not to do

4. SANCTION
All legal ways to help the creditor to get the execution of the duty assumed by
the debtor or to get damages for the lack of performance

3. Classification of Obligations

3.1. Classification by their source:

1. a) legal acts

a1) unilateral acts

a2) contracts (bilateral acts)

1. b) legal facts

b1) quasi-contracts like agency, unjust enrichment, undue payment

b2) delicts and quasi-delicts (Tort Law)

3.2. Classification by objects content:

As legal basis, they are defined by art. 1273, art. 1482-1488, art. 1528-1529
new Civil Code.

1. a) to do obligation, meaning the action of performing a certain duty.

Example: To pay the price, to build a house

1. b) to give obligation, which represents the duty of transfer or

constitution of a real right

Example: to transfer the ownership right of a good

1. c) not to do obligation, where the behavior of the debtor is to restrain

from an action possible without the assumed agreement

Example: not to build on others land, not to sell to another person

3.2. Classification by objects final result:

1. a) Result obligation, when we have a duty by which a party is bound to

achieve that result

2. b) Duty (Obligation) of best efforts (diligence) when that party is bound

to make such efforts as would be made by a reasonable person of the
same kind in the same circumstances.

3.4. Classification by objects final result:

1. a) Perfect obligation, where the creditor has a sanction and the force of
the state can be used to apply it

2. b) Natural obligation, where the creditor has no sanction and the force of
the state can be used to apply it, the obligation has no sanction.