WHAT IS A CIVIL OBLIGATION AND HOW DOES IT WORK?
An obligation refers to a legal duty where one party, known as the debtor, is bound to provide a specific service or benefit to another party, the creditor. This obligation may consist of giving something, doing something, or refraining from doing something. Crucially, the obligation must be fulfilled exactly as agreed by the parties or as mandated by law.
Exact fulfillment means not only carrying out the agreed act but doing so in the manner, time, and conditions stipulated. If this does not occur, the creditor has the right to seek enforcement through appropriate legal remedies.
LEGAL AND ECONOMIC VALUE OF CIVIL OBLIGATIONS
Every obligation must involve a prestation that can be economically assessed. However, the protected interest does not have to be purely monetary. For instance, if someone hires an architect to design a house and the architect fails to deliver, the damage may be difficult to quantify initially, but there is still a legitimate interest that can be legally claimed.
This principle allows for the enforcement of obligations that are not strictly commercial, such as personal commitments or service agreements, as long as they protect a legitimate legal interest of the creditor.
LEGAL RELATIONSHIP BETWEEN CREDITOR AND DEBTOR
The relationship established between both parties includes not only the act of fulfilling or demanding a prestation but also the legal guarantees that ensure compliance. These relationships are governed by specific legal provisions designed to ensure that both the creditor’s rights and the debtor’s duties are exercised within a fair legal framework.
For example, if someone lends money and the debtor fails to repay, the creditor may pursue legal measures such as asset seizures or judicial enforcement to secure compliance with the obligation.
SOURCES OF CIVIL OBLIGATIONS
Obligations do not arise exclusively from contracts. They can also originate from other acts and legal events recognized by law. This includes unilateral acts, non-contractual civil liability, unjust enrichment, management of another’s affairs, and other legally acknowledged situations.
Thus, a person may be legally required to compensate another even without a signed contract, if their actions caused harm that the law deems compensable.
CONCLUSION
Obligations are a fundamental element of Civil Law that regulate commitments between individuals. They establish a balance between the rights of the creditor and the duties of the debtor, as long as the prestation has economic value and is based on a legitimate interest. Furthermore, their origin is not limited to contracts, which broadens legal protection for those affected by the non-fulfillment of legally enforceable duties.
If you are facing a legal issue related to civil obligations, our law firm offers specialized services in this area. Contact us today for expert legal assistance.
Frequently Asked Questions (FAQs)
What happens if someone fails to do what they promised in a contract?
The creditor may demand specific performance through legal means or claim compensation for damages and losses.
Does every obligation need to have economic value?
Yes, although the creditor’s interest is recognized even when it is not purely financial.
Can I enforce an obligation if no contract was signed?
Yes, as long as there is a legally recognized act or event that justifies the obligation.
What rights do I have as a creditor if the other party does not comply?
You may demand performance of the obligation, take legal action, or trigger available legal guarantees.
Do obligations only arise between natural persons?
No, obligations can also exist between legal entities such as companies, associations, or institutions.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
