Understanding Obligations: Real vs. Personal Law

Obligations

• General obligations
• Real right: It is one that directly and immediately gravitates on a certain thing, and that requires everyone's equal respect, but purely passive.
• Credit or personal law: It is a special relationship between two specific individuals, one of whom may require the other, determined to provide what under common law is due.

Example: Right to ownership, right to credit a sum of money due to us under a loan.

• The requirement: A link right on the necessity compels us to pay for a thing. The creditor is the active subject of the relationship, and the debtor has liabilities. The lender expects or hopes that the debtor complies with what has been committed to.
• Elements of the obligation: It has two subjects, one active and one passive. This means that the obligation has the effect of subjecting each other to a certain degree, taking away some of his natural liberty, and the other by acquiring a certain advantage. The person linked is the debtor or reus (debtor), the owner of the loop is the creditor (creditor).
• Direct object: It is the giving, making, or supplying.
• Indirect object (the thing): It should always be noticeable in money so that if the debtor does not fulfill their promises, the creditor's right will not be dissatisfied, and you can compensate.

• Sources of obligations
• The sources are divided into 4 classes, as they were of a contract with a crime, as a contract or as a crime: The contract represents a convention or a meeting of minds. Crime is an injury unjustly born as of a contract as is caused by a lawful act other than the convention, was born as a crime when the cause is an illegal act that has not been qualified as a crime.
• Division of duties:

a) BY NATURE OF THEIR RELATIONSHIP

1. We have civil obligations, Pretoria, of international law and natural. In the active civil or creditor always has an action for the passive part can be coerced and to provide promised or proper behavior. Synallagmatic obligations imperfect, when the conclusion of the contract only required the debtor contracted and sometimes by the development of contract could be also required the creditor synallagmatic perfect, were improved when the contract obligations for both parties emerged
2. Strict legal obligations are those that came from ancient right Quiritarian business, in which the debtor was required to contract without reasons of justice or equity may increase or decrease the content of their duty.
3. Obligations of good faith, either re perfected by delivery of the object, or by the mere consent of the parties and the scope of the obligation is likely to be increased or decreased for reasons of justice or fairness or the interpretation of the judge to fix responsibilities between the parties.
4. Perfect obligations are those provided of action, which allowed the court to force the debtor to creditor compliance.