essential elements of the obligation are those essential factors that necessarily involves the notion of obligation, so that he could not conceive of the legal relationship without the existence of such elements.
These elements are the subject, object or performance, and cause.
1 - Subjects:
Any obligation is the involvement of an active subject or creditor to whom it provides for the delivery, and a taxpayer or debtor, who is responsible for the completion of the transaction.
2 - Requirements:
In principle, the subject of the obligation must necessarily be persons of law. Thus, all the entities that the character of persons vested with the capacity to acquire rights and obligations, have ability to be subject of an obligation.
legal persons, in addition to the physical are also subject to duty.
From the above we can conclude that the subjects of the obligation should be persons with legal capacity and should be determined or determinable.
3 - Capacity.
For the validity of the obligation is imperative that the subject vested legal capacity, that is, the creditor must be able to hold the claim and the debtor should be able to be bound by debt. (Art. 28)
For the validity of the obligation is imperative that the subject vested legal capacity, that is, the creditor must be able to hold the claim and the debtor should be able to be bound by debt.
Absence capacity of law to the invalidity of the obligation is absolute in principle (Art. 366 CC) and is always related to the provisions of the law that must be explicitly established and linked to particular rights such as the inability of spouses to engage each other)
If lack of capacity is in fact the act establishing the obligation would be zero, but for invalidity, which implies that the void would be remedied. The ability and inability of fact is governed by Article 36 of CC
fact capacity is related to the exercise of rights, ie the possibility that the person has fend for themselves for their own legal life. The person who has attained the age of majority may act for itself without representation, unless it has been declared incapable by court order.
The inability of the person makes it impossible to exercise their own rights and is related to age, health, birth defects or mental health. There are two categories:
Absolute: Article 37 of CC
Relative: Article 38 of CC
Capacity of Legal Persons:
People are legal entities able to acquire rights and obligations.
For rule of Article 96 of the CC, have the same ability of individuals right through the bodies established in their statutes. Liable for the damage that the acts of its organs have caused to third parties personally accountable the perpetrators in relation to the legal person.
also account for the damage caused by its servants or things that are served. (Art. 98 CC).
are liable for a legal person under the rules of the mandate, its Directors and Managers. (Art. 99 CC)
4 - Various Subjects
The obligation should be formed by two subjects: the creditor and debtor.
But this does not mean they should be only two people, it may happen that there are a multitude of people from every part of the legal relationship, which creates responsibilities for each of them according to the circumstances in which be. These obligations of each coacreedores or co-debtors are legislated in Section II, Book II of the CC
5 - Taxable or identifiable
The subjects of the obligation must be determined at the time of constituting the obligation.
In any case, they should be subject to further determination. In this case there is an obligation with a subject temporarily indeterminate. The doctrine is often speak of transitional uncertainty in cases such as the promises to the public, bearer securities and outpatient duties.
6 - The Object
Concept: The purpose of the obligation is the provision, act or series of acts which the debtor is constrained to make to the creditor. Is something that should the debtor. Is the answer to the question: what should the debtor?
The benefit may be a give, in a do (Acts positive) or a non-do (become negative).
Either way, any obligation relates to a fact that a person may require another. Interesting to note that the object of the obligation is always a human act, it is necessary to avoid the obligations of that object to be confused with either hand.
7 - Requirements
The obligations of legal acts, by rule of Article 299 of the CC should be borne objects:
to
) They are in commerce, ie is capable of valuable consideration;
b) are not covered by a legal prohibition, and
c) as possible, lawful and not against morals and good ways and not prejudicial to the rights of third parties.
Violations of these rules because the invalidity of the act, and ancillary provisions that contravene the provisions of that standard.
7.1 Possibility
Nobody can be forced to do something impossible. The requirement is common sense, as it tries to put the creditor in a position to have the fulfillment of the provision, and it would be absurd that could be counted on the possibility of the fulfillment of something, that beforehand, we know that compliance is impossible.
The impossibility in question must be objective and insurmountable. Should be absolute, ie it must be impossible for anyone, for no particular obligation, as in the case of a person who undertakes to write the score of a symphony and then calls the impossibility, since the obligation is possible: a composer artist can perform, hence the impossibility is relative.
Finally, the impossibility would be before or contemporaneous with the constitution of the obligation, because the survivor extinguish the obligation, provided that it occurs through no fault of the debtor.
7.2 Legality
The provision on which rests the obligation must necessarily take lawfulness. Lawful means that not only goes against the law but not against morality and decency.
The general rule established in Article 9 of the CC reads as follows: "legal acts can not invalidate laws whose observance interested public order and morality."
7.3 determinateness
The requirement is that the benefit due to reach a certain level of determination. The object must be determined or at least determinable.
First, the provision should be determined on their gender, type or quality. Who had promised a dry animal would not have promised anything, because his promise would cover such an extension of varieties that even could discharge the obligation by delivering an insect.
Second, the determination should rest on the amount owed. Who were forced to surrender came, he owes nothing, because it ignores how much it would be required.
However, the provision would be valid even if the thing, but now was not certain he could yet be determined later.
7.4
Patrimonial object
The need for the monetary value of the benefit is expressed clearly in Article 418 of CC
The rule consists in fact of two parts :
1, the mandatory provision should always be valued in money, and
2 ° the creditor's interest in its implementation may be merely moral, without this force of the obligation is damaged.
This means that if the provision is not subject to economic evaluation there would be no action for compliance. A simple interest condition is not sufficient to confer the alleged creditor action. It also means that the creditor's interest may also be non-economic (a humanitarian or scientific or similar)
8 - Solution of the Civil Code. Creditor interest
Our Civil Code in the second part of Article 418 and cited the great interest that a creditor may have.
can set in his favor a high sense providing philanthropic, humanitarian, scientific, etc., which are of no economic interest, however, should be valued in money, otherwise it would not be feasible to enforcement on the debtor's assets in case of default.
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