1-Need legal and logical existence a source of obligation.
The reason, understood in the sense of power is the foundation or legal substance of the obligation. Because its existence can not be explained without any facts to justify it. No one owes to someone else something without reason. Any claims demands, legally speaking, the existence of a source to explain why debt. If this source does not exist, the obligation could not exist. (Silva Alonso)
obligations derived from any source in the Act (Art. 417 CCP). Sources
2-General Theory of Sources.
- Concept: Called source the event, act or legal provision that the obligation arises. A contract of sale is the source of the seller's obligation to deliver the thing and the buyer to pay the price, a crime, the source of the author's obligation to pay the victim compensation. These facts are of very varied nature. (Borda).
- The general theory of the sources of obligations is trying to explain the causes of obligations, ie their origin or the event.
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3 - Historical Evolution. (Silva Alonso)
- At first, the Roman law knew only two sources of debt, crime and the contract. The Institutes made reference to those sources as saying that: any obligation of a contract is born as a crime.
- In the Classical period, extending the classification Gayo bipartisan saying that these are not the only sources that can give rise to a duty, adding a third category, the following phrase: originate or obligations arising from contracts of crime and several other figures.
- Later, at the time of Justinian, in the text of the Digest, the sources are taken to four areas: contracts, torts, quasi-contracts and torts, which forms the traditional classification of the sources of obligations.
- Pothier In the eighteenth century, these sources added one more, the law
4 - Modern Classification (Silva Alonso)
- With the work of the German Civil Codification Commission, lawyers begin to question the systematization and foundation of the former classification.
- The disputed figure, which incites the interest of the criticism is that of quasi. That is, the undue payment, management of third party business, unjust enrichment, grouping institutions in fact have no common characters, and instead present themselves as institutions that have significant differences between them. So much so that the German Civil Code in force since 1 January 1900, the figure has disappeared as a source of obligations. However, our legal system legislates these hypotheses.
modern classification.
Planiol Marcel Classification: French Grand Master in a paper published late last century attempts a penetrating and sharp criticism of the traditional classification and at the same time a classification system called rational. Argues that in fact, all obligations respond only to two sources: the contract and the law.
In terms of crimes and torts point need not be proven. By definition, involve either injury unjustly caused to a third party. Same thing happens with the quasi-contract, which correspond to the idea of \u200b\u200bunjust enrichment, which also set an advantage for one and an injury to another. These three groups together made up the category of obligations that stem from an injury.
Review: If we are to follow a rigorous theory, we are in truth the only source is the law, because even the contracts would not be effective if it were legal because it ensures the legislature.
Bonnecase rational classification: According to the French author, the Act is the primary source of any obligation. The Act emerged as sources of obligations of legal acts, which may be unilateral or bilateral one hand, legal or illegal on the other.
Voluntary 5-Fuentes.
- voluntary sources are the main characteristic the free and healthy. This will can be expressed by the contract is an agreement of wills. And by calling unilateral will. The contracts therefore are legal instruments that embody the creative will of the obligations. (Arguello)
- With respect to the obligations arising from the will, the issue raises doubts: in the contracts the parties make their own law, can determine the purpose, duration, modalities of obligations, performance mode, the consequences of failure, etc.., under the autonomy of people who celebrate it. (Martyniuk Baran)
6 - The Contract.
- The contract is a legal act by which the parties voluntarily and by consensus govern their rights and obligations of an economic nature, is to create, modify, transfer or extinguish them. (Arguello)
- essential requirements of the contract: According to our Civil Code, consent, order and form. (Art. 673 CCP)
- Consent: It is an agreement between two or more persons on one thing or object. Is best manifested by acceptance. Capacity is required in parts.
- The object: is the subject matter on which the parties agree.
- The shape: is the set of formalities to be met by a legal act. For example, the transfer of ownership of a property must be made by deed. (Art. 700 CPC)
Unilateral 7-Will as a source in the Civil Code.
- This institution has been through a process of recognition as a source, as has been the subject of much debate set as such. Implies that the obligational relationship appears only one subject, which is the debtor, the creditor first appears when it meets a specific action was required by the debtor.
- As an example we can cite the case known as the public promise of reward, in which the doctrine states that the promisor is bound from the moment when the promise is made public (Article 1802 of the CCP)
UNIT I - The Right Credit
1 - Obligation:
is the commitment assumed in front of another person give something or do something in their favor. Elemental character invests any person, even without much preparation, is capable of understanding. Strictly obligation is the nexus or legal relationship whereby a person called the debtor owes the other, called the creditor, a significant benefit in cash.
obligations have their origin in the will of the agent as is the case of a contract, or tort, generated by the party causing damages to make good, and this is because of the heavy traffic that we have legal mentioned.
2 The production and exchange of goods in society
The human economy is based on the production, distribution, consumption and exchange of goods and services. This exchange necessarily involves the creation of obligations that may arise from the will of the parties, the Act or of any fact establishing the rule of law as a generator.
credit rights or obligations vested therefore of enormous importance in society.
3 - The right to credit in the economy
- Credit and obligation, are the two senses of the same legal relationship that binds to a creditor and a debtor. This relationship viewed from the angle of the creditor bears the name of credit (asset side) and the obligation if viewed from the angle of the debtor (passive side).
- At the juridical relations which need highlighting a vested economic, they are the ones that give rise to economic.
Our Civil Code divides the relations of economic nature in three categories of rights:
- a) The real rights.
- b) or Personal Rights and Credit;
- c) intellectual property rights.
3 - Origin and historical evolution.
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Ancient Rome - The Law of the Twelve Tables and private revenge
- The nexum
- Law Papiria Paetelia
- The liability
- Siglo XIX
- 5 - Nature and Character
- The obligations are personal rights of monetary value. That is, down from person to person and have an economic content.
- The right of credit has two characteristics:
- a) Its object is intangible property, called rendering, which is the activity that the debtor must take to satisfy the creditor.
- The credit that is peculiar to the creditor only the power to require a good (the benefit) will be of that provided by the debtor.
- b) The right to credit is an asset that can only be enforced between two people or groups of people. Unlike the real rights of the Credit Rights are not enforceable but the subjects that fall within the mandatory relationship.
6 - Debt and responsibility
- Debt is pure debit the duty of compliance with the obligation arises. The responsibility comes after the failure of the obligation. Debt and liability are two successive moments of the debtor's situation.
- When failure occurred, the creditor can run the debtor's assets to enforce that responsibility, then it responds with its assets to pay its debts.
- Debt, born since the establishment of legal relationship whereby the taxpayer agrees to a benefit, while the liability arises from breach of the obligation.
7 - Parallel with family rights and land rights.
a) real rights:
- real rights may be exercised erga omnes,
- The enjoyment or use of the thing is direct,
- real rights are created solely by the law,
- are perpetual
- They deal with physical objects exist.
- b)
family rights - are developed in the ethical social, economic exceptionally.
- The penalty for failure is different, divorce, loss of parental rights, the indignity,
- The obligations have their origin in the will of the agent as is the case of a contract, or tort, generated by the party causing damages to make good.
UNIT I - The Right Credit
1 - Obligation: is the commitment assumed in front of another person give something or do something in their favor. Elemental endows a character that anyone, even without much preparation, is capable of understanding.
Strictly obligation is the nexus or legal relationship whereby a person called the debtor owes the other, called the creditor, a provision appreciable in money. (Institute)
To Paulo, the essence of the obligation not to make something a thing or bonded us, but to compel another to give us, to us or offer us something.
UNIT I - The Right Credit
- 2 Production and exchange of goods in society.
- The economy of human beings is based on the production, distribution, consumption and exchange of goods and services. This exchange necessarily involves the creation of obligations that may arise from the will of the parties, the Act or of any fact establishing the rule of law as a generator.
- The credit rights or obligations vested therefore of enormous importance in society.
3 - The right to credit in the economy
- Credit and obligation, are the two senses of the same legal relationship that binds to a creditor and a debtor. This relationship viewed from the angle of the creditor bears the name of credit (asset side) and the obligation if viewed from the angle of the debtor (passive side).
- In legal relations, it should be noted that vested economic in nature, they are leading to economic rights. Our Civil Code divides the relations of economic nature in tres categorías de derechos:
— a) Los Derechos Reales.
— b) Los Derechos Personales o de Crédito y;
— c) Los Derechos Intelectuales.
4 - Origen y evolución histórica.
— Roma Antigua
— La Ley de las XII Tablas y la venganza privada
— El nexum
— La Ley Paetelia Papiria
— La responsabilidad patrimonial
— Siglo XIX
— 5- Naturaleza y Caracteres
— Las obligaciones son derechos personales de índole patrimonial. Es decir, se establecen de persona a persona y tienen un contenido económico.
— El derecho de crédito tiene dos peculiar characteristics:
- a) Its object is intangible property, called rendering, which is the activity that the debtor must take to satisfy the creditor.
- The credit that is peculiar to the creditor only the power to require a good (the benefit) will be of that provided by the debtor.
- b) The right to credit is an asset that can only be enforced between two people or groups of people. Unlike the real rights of the Credit not binding but the subjects that fall within the mandatory relationship.
6 - Debt and responsibility
- Debt is pure debit the duty of compliance with the obligation arises. The responsibility comes after the failure of the obligation. Debt and liability are two successive moments of the debtor's situation.
- When failure occurred, the creditor can run the debtor's assets to enforce that responsibility, then it responds with its assets to pay its debts.
- Debt, born since the establishment of the legal relationship whereby the taxpayer agrees to a benefit, while the liability arises from breach of the obligation.
7 - Parallel with family rights and actual rights
a) real rights:
- real rights may be exercised erga omnes,
- The enjoyment or use of the thing is direct,
- real rights are created solely by the law,
- are perpetual
- deal with existing physical objects.
- b)
family rights - is developing in the social realm of ethics, exceptionally economical.
- The penalty for failure is different, divorce, loss of parental rights, the indignity.
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