1) What is Obligation?
Obligation means to do or not to do an act, or to perform some work or an act. According to Holland, An obligation as its entomology denotes is a tie by one person is bound to perform some act for the benefit of another. In some cases, the two parties agree thus to be bound together; in other cases as they are bound without their consent.
2) Definition of Obligation -
Some eminent Jurists defined the term "Obligation" as follows -
i) Salmond -
According to Sir John Salmond" An obligation, therefore, may be defined as a proprietary right in personam or a duty which corresponds to such a right." Obligations are all in one class of duties, namely those which are co-relatives of rights in personam.
ii) Anson -
According to Anson, "an obligation is a control exercisable by definite persons over definite persons for the purpose of Definite acts or forbearance reducible to a money value"
iii) Savigny -
According to Savigny an obligation is the control over another person, yet not over his person in all respects (in which case his personality would be destroyed), but over single acts of his which must be conceived of subtracted from his free will and subjected to our will
iv) Paton -
According to Prof. Paton, an obligation is that part of law which creates right in personam
3) What are Kinds / Types of Obligation -
There are two kinds/types of obligation which are as follows -
i) Sole obligation
ii) Solidary obligation
i) Sole obligation -
A sole obligation is an obligation where there is one person on each side. This is a normal type of obligation in which there is one creditor and one debtor.
Example of Sole Obligation -
X promises to Y to pay $100. in this example, there is only one creditor and only one debtor. This is sole obligation
ii) Solidary obligation -
In solitary obligation, there are two or more debtors owe the same thing to the same creditor. that means there are two or more creditors entitled to the same obligation or two or more debtors under the same liability. There are three kinds of solidary obligation - i) Several solidary obligations ii) Joint solidary obligation iii) Joint and several solidary obligations.
See.... kinds of Solidary Obligations
Examples of Solidary Obligation -
Examples of solidary obligations are debts owing by a form of partners, debts owing by the principal debtor and guaranteed by one or more sureties and the liability of two or more persons who together commit a tort.
'A' Debt of $1,000 owing by two partners, X and Y, is not equivalent to one Debt of $500 owing by X and $500 for owing by Y. It is a single debt of $1,000 owing by each of them in such fashion that each of them may be compelled to pay the whole of it, but when it is once paid by either of them, both of them are discharged from debt.
Sources of Obligation
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the action of obligating oneself to a course of action (as by a promise or vow) 2a : something (such as a formal contract, aviator jacket leather, or the demands of conscience or custom) that obligates one to a course of action made an obligation to pay their children's college expenses.ReplyDelete