Obligations Outline
I. Introduction
A. What is an Obligation?
1. La. C.C. art. 1756: An obligation is a legal relationship whereby a person, called the obligor, is bound to render a performance in favor of another, called the obligee. Performance may consist of giving, doing, or not doing something.
a. something that the law or morals command a person to do, made effective by imposition of a sanction for failure to obey/ comply
b. written instrument , where (1) party contracts with (2) for payment of sum of money (value)
c. legal bond binding two persons where, the creditor or obligee, is entitled to demand from the other, a certain performance
d. legal relationship where the obligor is bound to render performance in favor of the obligee
2. La. C.C. art. 1757 Sources of Obligations: Obligations arise from
– Contracts (La. C.C. art 1906)
– other declarations of will.
– directly from the law, in instances such a
(1) wrongful acts,
(2) management of the affairs of another,
(3) unjust enrichment
(4) other acts or facts.
b. has a duty to be performed by a person in addition to a corresponding right by the obligee to demand performance of that duty.
c. Patrimonial Right: the right that an obligation gives a creditor or obligee, the satisfaction of an obligee need for performance needs to be satisfied. The legal relationship is often referred to as a credit right or patrimony.
d. This right can be transferred or assigned.
B. La. C.C. art 1758: Effects of an obligation
a. the obligee has the right to
(1) Enforce the performance that the obligor is bound to render (specific performance)
(2) Enforce performance by causing it to be rendered by another at the obligor’s expense (obligor pays someone else)
(3) Recover damages for the obligor’s failure to perform, or his defective or delayed performance (damages)
b. the obligor may have the right to
(1) obtain the proper discharge when he had performed in full
(2) Contest the obligee’s action when the obligation has been extinguished or modified by a legal cause
Note: There is not obligation without cause…
C. Natural Obligations v Real Obligation
1. La. C.C. 1760 Moral Duties that may give rise to a nat
s correlative to the obligation of the other.
(a) The obligation to one party is the cause of the other parties obligation
(b) La. C.C. Art. 1911
4. La. C.C. 1909 Onerous contract; a contact is onerous when each of the parties obligate themselves reciprocally, so that the obligation of each party is correlative to the obligation of the other.
5. La. C.C. 1910 Gratuitous Contract; A contract is gratuitous when one party obligated himself towards another for the benefit of the latter, without obtaining any advantage in return.
a. Loan for suretyship, mandate, deposit donation
b. Donor depletes his patrimony.
c. Donation (La. C.C. art. 1536)
B. The (4) Elements of a Contact
If all four elements of a contract are not meet then a contract is null (Art. 2029). All four elements must be present for contract to be enforceable
– Capacity (art. 1918)
– Consent (art. 1927)
