Law of Private Obligations
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A Law of Private Obligations is a private law that governs the various duties individuals or entities owe to each other, typically arising from contracts, torts, or statutes.
- Context:
- It can (typically) establish the rights and duties of parties involved in a contractual agreement.
- It can (often) define the remedies available for breach of contract or other violations.
- It can range from being a contractual obligation to being a tortious obligation.
- It can regulate liability for actions or omissions resulting in harm to another party.
- It can delineate the conditions under which obligations are created, modified, or extinguished.
- It can (often) be influenced by statutory law and common law principles.
- ...
- Example(s):
- an employment contract that specifies the duties and obligations of the employer and employee.
- a negligence claim where one party is obligated to compensate another for harm caused.
- a lease agreement outlining the obligations of the landlord and tenant.
- ...
- Counter-Example(s):
- Law of property, which deals with rights and interests in tangible and intangible property rather than obligations between parties.
- Criminal law, which addresses offenses against the state rather than duties between private parties.
- ...
- See: Contract law, Tort law, Statutory law, Common law, Private Law, Civil Law (Legal System).
References
2024
- (Wikipedia, 2024) ⇒ https://en.wikipedia.org/wiki/Law_of_obligations Retrieved:2024-6-3.
- The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as obligations, and this area of law deals with their creation, effects and extinction.
An obligation is a legal bond (vinculum iuris) by which one or more parties (obligants) are bound to act or refrain from acting. An obligation thus imposes on the obligor a duty to perform, and simultaneously creates a corresponding right to demand performance by the obligee to whom performance is to be tendered.
- The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as obligations, and this area of law deals with their creation, effects and extinction.