{"id":11951,"date":"2018-01-10T00:24:19","date_gmt":"2018-01-10T00:24:19","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11951"},"modified":"2018-06-06T15:58:34","modified_gmt":"2018-06-06T15:58:34","slug":"obligation","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11951","title":{"rendered":"Obligation – a formal, binding agreement (bond) or acknowledgment of a liability to pay a certain amount, or to perform, or forbear from performing, a certain duty for a particular person(s), whether the duty is imposed by law, contract, promise, oath, duty, or moral responsibility"},"content":{"rendered":"

\u00a0\u00a0\u00a0 This page is continued from Types of Legal Instruments<\/a> >>>> Bonds<\/a> >>>> Legal Terms pertaining to Bonds<\/a>:<\/strong><\/span><\/p>\n

********************************<\/p>\n

obligation<\/span>:<\/span><\/strong>
\nn.<\/em> (18c)<\/span><\/p>\n

l. A legal or moral duty to do or not do something.\u00a0 *\u00a0 The word has many wide and varied <\/span>meanings.\u00a0 It may refer to anything that a person is bound to do or forbear from doing, whether the duty is imposed by law, contract<\/a>, promise, social relations, courtesy, kindness, or morality. <\/span><\/strong><\/p>\n

2. A formal, binding agreement or acknowledgment of a liability<\/a> to pay a certain amount <\/span><\/strong>or to do a certain thing for a particular person or set of persons; especially, a duty arising by contract<\/a>.<\/strong> \u2014 aka (i<\/span>n sense 2) civil obligation<\/strong><\/em><\/span>.\u00a0 See DUTY (1); LIABILITY (1).<\/span><\/p>\n

3. Civil law.<\/em> A legal relationship in which one person, the obligor<\/a>, is bound to render a performance in favor of another, the obligee<\/a>. La. Civ. Code Art. 1756<\/a>. [1]
\n<\/strong><\/span><\/p>\n

1. In an early and narrow sense, a bond or deed under seal wherein a person binds himself under penalty to do a thing.\u00a0 In the modern and popular sense, that which binds, as an oath, vow, promise, contract, or debt.\u00a0 Hargroves v Cooke<\/em>, 15 Ga 321, 330<\/span>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 The word is derived from the Latin word “obligatio,” tying up; and that form the verb “obligo,” to bind or tie up; to engage by the ties of a promise or oath, or form of law; and obligo is compounded of the verb ligo, to tie or bind fast, and the preposition ob, which is prefixed to increase its meaning.\u00a0 Edwards v Kernzey<\/em>, 96 US 595, 24 L Ed 793, 796<\/span>.<\/strong> [2]<\/span><\/p>\n

1. That which binds a person, either legally, morally, or socially. (EXAMPLES: a promise; a contract; a debt; an oath; a duty; a moral responsibility.)<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See moral obligation<\/em>; social duty<\/em>.<\/span><\/p>\n

2. That which a person is bound to do.<\/span><\/strong><\/p>\n

3. In the very narrowest sense, a bond or deed under seal.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See contractual obligation<\/em>; joint and several obligation<\/em>; joint obligation<\/em>; legal obligation<\/em>; simple obligation<\/em>.\u00a0 See specialty<\/em>. [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Frederick Pollock’s A First Book <\/em><\/a>of Jurisprudence<\/em> (1896):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “[I]n English speaking countries an unfortunate habit has arisen of using \u2019obligation\u2019 in a lax manner as co-extensive with duties of every kind.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from John Salmond’s Jurisprudence<\/em><\/a> (Glanville L. Williams ed., 10th ed. 1947):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cObligation in its popular sense is merely a synonym far duty. its legal sense, derived from Roman law, differs from this in several respects. in the first place, obligations are merely one class of duties, namely, those which are the correlatives of rights in personam.\u00a0 An obligation is the vinculum juris<\/em>, or bond of legal necessity, which binds together two or more determinate individuals. . . . Secondly, the term obligatio is in law the name, not merely of the duty, but also of the correlative right.\u00a0 It denotes the legal relation or vinculum juris<\/em> in its entirety, including the right of the one party, no less than the liability of the other. Looked at from the point of view of the person entitled, an obligation is a right; looked at from the point of view of the person bound, it is a duty. . . . An obligation, therefore, may be defined as a proprietary right in personam or a duty which corresponds to such a right.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Saul Litvinoff’s Louisiana Civil Law Treatise: The Law of Obligations<\/em><\/a> (2d ed. 2001):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201c[l]n its more general acceptation, the word \u2018obligation\u2019 means something that the law or morals command a person to do, a command that is made effective by the imposition of a sanction if the person fails to obey or comply.\u00a0 When given that reference, the word \u2018obligation\u2019 is made synonymous with the word \u2018duty.\u2019\u00a0 In that sense it is said, for example, that all citizens of a certain age are under an obligation to fulfill their military duties . . . .<\/span>
\n\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u201cIn another sense, the word \u2018obligation\u2019 means an instrument in writing, however informal, whereby one party contracts with another for the payment of a sum of money. in commercial law, for example, the word \u2018obligation\u2019 may mean a negotiable instrument , . . .
\n<\/span><\/strong>\u201cin the technical terminology of the civil codes, however, the word \u2018obligation\u2019 means a legal bond that binds two persons in such a way that one of them, the creditor or obligee, is entitled to demand from the other, the debtor or obligor, a certain performance.<\/span>\u201d<\/strong> [6]<\/span><\/p>\n

Various Types of Obligations:<\/span><\/strong><\/p>\n

absolute obligation<\/span>:<\/strong> <\/span>(17c) An obligation requiring strict fulfillment according to the terms of the engagement, without any alternatives to the obligor<\/a>.<\/strong><\/span><\/p>\n

alternative obligation<\/span>:<\/strong><\/span> (18c) An obligation that can be satisfied in at least two different ways, at the choice of the obligor<\/a>.<\/strong> \u2014 aka disjunctive obligation<\/strong><\/em><\/span>. Cf. facultative obligation.<\/span><\/p>\n

bifactoral obligation<\/span>:<\/span><\/strong> (1896) An obligation created by two parties.<\/strong><\/span><\/p>\n

community obligation<\/span>:<\/strong> <\/span>(1893) A debt or other obligation incurred by either spouse after marriage in a community-property state.\u00a0 *\u00a0 Such an obligation is presumed to be an obligation of the community and not of the <\/strong><\/span>individual spouse.<\/span><\/strong><\/p>\n

conditional obligation<\/span>:<\/strong><\/span> ( 17c) An obligation that depends on an uncertain event. <\/strong>\u2014 aka dependent obligation<\/strong><\/em><\/span>.<\/span><\/p>\n

conjunctive obligation<\/span>:<\/strong><\/span> (1842) An obligation composed of multiple performances that can be separately <\/strong><\/span>rendered or enforced; especially, an obligation in which <\/span>several objects are connected by and (not or) or are in <\/span>some other way clearly meant to be separately included <\/span>in the contract.\u00a0 *\u00a0 For example, a loan agreement\u2019s conjunctive obligation may require payment of four loan installments and delivery of a deed of trust.\u00a0 Each loan installment and the deed\u2019s delivery is a separate, <\/span>enforceable performance.<\/span><\/strong><\/p>\n

contractual obligation<\/span>:<\/span><\/strong> (1869) An obligation arising from a contract or, agreement.<\/strong><\/span><\/p>\n

conventional obligation<\/span>:<\/strong><\/span> (18c) An obligation that results from agreement\u201d of the parties; a contractual obligation. <\/strong>\u2014 aka express obligation<\/strong><\/em><\/span>; civil obligation<\/strong><\/em><\/span>.\u00a0 Cf. obedie\u2018ntial obligation.<\/span><\/p>\n

correal obligation<\/span>:<\/span><\/strong> (1871) Roman & civil law<\/em>. A joint and several obligation.<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cA correal obligation means a plurality of obligations based on a community of obligation: a joint liability in respect of the whole of the same debt or a joint right in respect of the whole of the same claim.<\/span>\u201d<\/strong> Rudolph Sohm, The Institutes: A Textbook of the History and System of Roman Private Law<\/em><\/a> 361 (James Crawford Ledlie trans., 3d ed. 1907).<\/span><\/p>\n

current obligation<\/span>:<\/span><\/strong> (18c) An obligation that is presently enforceable, but not past due.<\/strong><\/span><\/p>\n

determinate obligation<\/span>:<\/strong><\/span> (18c) An obligation that has a specific thing as its object.\u00a0 *\u00a0 For example, an obligation to deliver the 1491 Venice edition of Vocabularium Juris that once belonged to H.L.A. Hart can be discharged only by delivering the specified book.<\/strong> Cf. indeterminate obligation.<\/span><\/p>\n

divisible obligation<\/span>:<\/strong> <\/span>(18c) An obligation that can be divided without the consent of the parties.\u00a0 *\u00a0 Either the <\/strong><\/span>performing party or the receiving party may unilaterally divide the obligation.<\/span><\/strong><\/p>\n

facultative obligation<\/span>:<\/span><\/strong> (1894) Civil law<\/em>. An obligation by which the debtor owes a single thing but may discharge the obligation by furnishing another specified <\/strong><\/span>thing in place of the one that is due.\u00a0<\/strong> Cf. alternative obligation.<\/span><\/p>\n

heritable obligation<\/span>:<\/strong><\/span> (18c) An obligation that may be enforced by a successor of the creditor or against a suc<\/strong><\/span>cessor of the debtor.<\/strong> \u2014 aka inheritable obligation<\/strong><\/em><\/span>.<\/span><\/p>\n

 <\/p>\n

implied obligation of cooperation<\/span>:<\/strong><\/span> (1961) Contracts<\/em>. An understood duty to refrain from interfering with the <\/strong><\/span>other party\u2019s performance. <\/strong>\u2014 aka obligation of noninterference<\/strong><\/em><\/span>.<\/span><\/p>\n

independent obligation<\/span>:<\/strong><\/span> (18c) An obligation whose performance does not rely on performance by another person or another\u2019s readiness and willingness to perform.<\/strong><\/span><\/p>\n

indeterminate obligation<\/span>:<\/strong><\/span> (1802) 1. An obligation by which the obligor is bound to deliver one of a certain species of items. 0 For example, an obligation to deliver a pre-1509 edition of Vocabularium Juris can be discharged by delivering any edition published before that <\/strong><\/span>date. 2. An obligation that is not specific in amount or form, or is subject to being changed by a third party.\u00a0<\/strong> Cf. determinate obligation.<\/span><\/p>\n

joint obligation<\/span>:<\/strong><\/span> (18c) 1. An obligation that binds two or more debtors to a single performance for one creditor. 2. An obligation that binds one debtor to a single performance for two or more creditors.<\/strong><\/span><\/p>\n

moral obligation<\/span>:<\/strong><\/span> (18c) 1. An ethical imperative arising not from the law (and not legally enforceable) but from a universal or nearly universal View of what is good and right.\u00a0<\/strong> See MORAL. 2. A previously existing duty that has become inoperative by positive law, such as a statute of limitations.\u00a0 *\u00a0 In the law of contracts, a moral obligation in sense is sufficient to support an express promise as valuable consideration because it amounts to the voluntary revival or creation of a duty that existed once before but had been dispensed with.<\/strong> \u2014 aka imperfect <\/strong><\/em><\/span><\/span>obligation<\/strong><\/em><\/span>; natural obligation<\/strong><\/em><\/span>.<\/span><\/p>\n

natural obligation<\/span>:<\/strong> <\/span>(16c) 1. Civil law<\/em>. A moral duty that is not enforceable by judicial action.\u00a0 *\u00a0 Natural obligations are recognized in civil-law jurisdictions. While they are not enforceable by judicial action, something that has been performed under a natural obligation may not be reclaimed.\u00a0 For example, if an indigent patient in a hospital has no legal obligation to pay for the treatment but does so anyway, that person cannot later reclaim the payments voluntarily made. <\/strong>\u2014 aka obligatio naturalis<\/strong><\/em><\/span>. 2. See moral obligation.<\/span><\/p>\n

obediential obligation<\/span>:<\/strong><\/span> (18c) An obligation imposed on a person because of a situation or relationship, such as an obligation of parents to care for their children.<\/strong> \u2014 aka implied obligation<\/strong><\/em><\/span>.\u00a0 Cf. conventional obligation.<\/span><\/p>\n

obligation of cooperation<\/span>:<\/strong> <\/span>(1932) 1.<\/strong> Int\u2019l law<\/em>. A nation\u2019s responsibility to participate in concert with other nations to protect common interests. 2.<\/strong> Contracts<\/em>. The <\/strong><\/span>responsibility to work with the other party to carry out the terms of an agreement.<\/span><\/strong><\/p>\n

perfect obligation<\/span>:<\/strong> <\/span>(17c) A legally enforceable obligation; one that is recognized and sanctioned by positive law.<\/strong><\/span><\/p>\n

personal obligation<\/span>:<\/span><\/strong> (17c) 1. An obligation performable only by the obligor, not by the obligor\u2019s heirs or representatives. 2. An obligation in which the obligor is bound to perform without encumbering his or her <\/strong><\/span>property for its performance.<\/span><\/strong><\/p>\n

primary obligation<\/span>: <\/span><\/strong>(17c) 1. An obligation that arises from the essential purpose of the transaction between <\/span>the parties.\u00a0 *\u00a0 For an attempt to distinguish two sets of correlative obligations \u2014 principal vs. accessorial<\/em> as opposed to primary vs. secondary<\/em>\u00a0\u2014 see Herschel W. Arant, Handbook of the Law of Suretyship and Guaranty<\/em> \u00a7\u00a7 2-3, at 3-5 (1931). Cf. secondary obligation. 2. A fundamental contractual term imposing a requirement on a contracting party from which other obligations may arise.<\/strong> \u2014 aka principal obligation<\/strong><\/em><\/span>.<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cThe term primary obligation indicates the existence of an accessorial promise that is conditioned on the primary obligor\u2019s nonperformance of his duty. The terms principal <\/span><\/span>and accessorial obligations and the terms primary and secondary obligations are not mutually exclusive. For example, where B signs a note with A to enable him to borrow money, A and B each assume a primary obligation, though B\u2019s obligation is accessory. As to the creditor, whether he knows that A signs to enable B to obtain the loan or not, each owes him a similar duty. The duty of neither is conditioned on nonperformance of the other\u2019s duty. Each is equally a debtor and the creditor\u2019s remedy against each is the same; each is referred to as a primary debtor or a primary obligor; the promise of each is characterized in the cases as \u2018direct,\u2019 \u2018original,\u2019 \u2018unconditional,\u2019 or \u2018primary.\u2019<\/span>\u201d Herschel W. Arant, <\/span>Handbook of the Law of Suretyship and Guaranty<\/em><\/a> 4 (1931).<\/span><\/strong><\/p>\n

primitive obligation<\/span>:<\/strong><\/span> (17c) The obligation designated as the first to be satisfied.<\/strong><\/span><\/p>\n

pure obligation<\/span>:<\/strong><\/span> (17c) Scots law<\/em>. An absolute obligation already due and immediately enforceable. <\/strong>\u2014 aka pure debt<\/span><\/strong><\/em>.<\/span><\/p>\n

secondary obligation<\/span>:<\/strong><\/span> (17c) A duty, promise, or undertaking that is incident to a primary obligation; esp., a duty to make reparation upon a breach of contract.\u00a0 *\u00a0 For example, a mortgage to secure payment of a bond is a secondary obligation.\u00a0 The primary obligation is to pay the bond itself.<\/strong> \u2014 aka accessory obligation<\/strong><\/em><\/span>; accessorial obligation<\/strong><\/em><\/span>.<\/span><\/p>\n

several obligation<\/span>:<\/strong><\/span> (17c) 1. An obligation that binds two or more debtors to separate performances for one creditor. 2. An obligation that binds one debtor to separate performances for two or more creditors.<\/strong><\/span><\/p>\n

simple obligation<\/span>:<\/strong> <\/span>(17c) An obligation that does not depend on an outside event; an unconditional obligation.<\/strong> \u2014 aka independent obligation<\/strong><\/em><\/span>.<\/span><\/p>\n

single obligation<\/span>:<\/strong><\/span> (17c) An obligation with no penalty attached for nonperformance, as when one party simply promises to pay 20 dollars to another.<\/strong><\/span><\/p>\n

solidary obligation<\/span>:<\/strong> <\/span>(1818) Roman & civil law<\/em>. An obligation that binds each of two or more debtors for the entire performance at the option of the creditor.\u00a0 *\u00a0 Solidary obligations are analogous to com<\/strong><\/span>mon-law joint and several obligations.<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cA solidary obligation means the separate liability of several persons in respect of one and the same object. The normal case of a solidary obligation is a joint delict, as when two or more persons, acting jointly, do damage to property or commit a theft.\u00a0 So far as the obligation creates a duty to pay damages, it is solidary.\u00a0 Each of the co-delinquents is liable to make good the whole of the same damage.<\/span>” Rudolph Sohm, The Institutes: A Textbook of the History and System of Roman Private Law<\/em><\/a> 361-62 (James Crawford <\/strong><\/span>Ledlie trans., 3d ed. 1907).<\/span><\/strong><\/p>\n

statutory obligation<\/span>:<\/strong><\/span> (18c) An obligation \u2014 whether to pay money, perform certain acts, or discharge duties \u2014 that is created by or arises out of a statute, rather than based on an independent contractual or legal relation<\/strong><\/span>ship. <\/span><\/strong><\/p>\n

substitute obligation<\/span>:<\/strong><\/span> (1946) Civil law<\/em>. An obligation that takes the place of an extinguished obligation by <\/strong><\/span>novation.\u00a0<\/strong> See NOVATION.<\/span><\/p>\n

unifactoral obligation<\/span>:<\/span> <\/strong>(1896) An obligation created by one party.<\/strong><\/span><\/p>\n

obligation, mutuality of. See MUTUALITY OF OBLIGATION. <\/span><\/p>\n

obligationcs innominuti. Sec INNOMlNATE OBLIGATIONS.<\/span><\/p>\n

obligation of contract<\/span>:<\/strong><\/span> (18c) A duty, or more generally the collective duties, imposed by a legally enforceable agreement, especially as considered against the constitutional prohibition of a state law that impairs such a duty or duties.<\/strong>\u00a0 <\/span>See CONTRACT CLAUSE. <\/span><\/p>\n

\n

obligations erga omnes [Latin f\u2018duties toward all\u201d] Int\u2019l law. A country\u2019s duties that concern issues affecting the international community at large, hot just the country\u2019s neighboring states. -Also termed erga omnes obliga~ tions; erga omnes partes obligations.<\/span><\/p>\n<\/div>\n

obligatory<\/span>:<\/strong><\/span> adj. (14c) 1. Legally or morally binding <an obngatory promise>. 2. Required by a law, a rule, etc.; andatory <attendance is not obligatory>. 3. Creating or recording an obligation <a writing obliga tory>. -Also termed (rarely) obligational.<\/span><\/p>\n

oblige<\/span>:<\/strong><\/span>
\nvb. (14c)<\/span><\/p>\n

1. To bind by legal or moral duty; OBLIGATE. <\/span><\/strong><\/p>\n

2. To bind by doing a favor or service.<\/span><\/strong><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/strong><\/span><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/strong>with Pronunciations
\n<\/em>Third Edition<\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/strong><\/span><\/p>\n

[3]: Ballantine’s Law Dictionary <\/a><\/strong>Legal Assistant Edition<\/a><\/em>
\nby Jack Ballantine\u00a0<\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/em>Doctored<\/a><\/strong>\u00a0<\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/strong><\/span><\/p>\n

[4]: Frederick Pollock, A First Book <\/em><\/a>of Jurisprudence<\/em> 8 (1896).<\/span><\/strong><\/p>\n

[5]: John Salmond, Jurisprudence<\/em><\/a> 460 (Glanville L. Williams ed., 10th ed. 1947).<\/span><\/strong><\/p>\n

[6]: Saul Litvinoff, 5 Louisiana Civil Law Treatise: The Law of Obligations<\/em><\/a> 1-2 (2d ed. 2001).<\/span><\/strong><\/p>\n

******************************************<\/span><\/p>\n

Back to Bonds<\/a><\/span><\/strong><\/span><\/p>\n

Like this website?<\/span><\/strong><\/span><\/p>\n

Please Support Our Fundraiser<\/a><\/strong><\/span><\/p>\n

or donate via\u00a0PayPal<\/a>:<\/span><\/strong><\/span><\/p>\n

Disclaimer:<\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a><\/strong>.<\/strong><\/span><\/p>\n