Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/28

Click to flip

28 Cards in this Set

  • Front
  • Back
Obligations Defined

1
a legal relationship b/w 2+ parties that exists when (1) Obl’or owes a performance in favor of an Obl’ee & (2) the performance or duty is legally enforceable. Overriding duty of GF on all Obl’ee & Obl’or
Obligee Abuse of Right

2
doctrine preventing Obl’ee from exercising a right w/primary I of harming Obl’or
Natural Obl

3
a legally implied moral, but not judicially enforceable, duty to render performance
• No Judicial Action for Obligee
• Performance freely rendered in compliance w/a natural obl cannot be reclaimed
• “freely rendered”→ w/o fraud/duress; still “freely rendered” even if obl’or didn’t know Rx had run
• A new K made for the performance of a natural obl is onerous & enforceable
• Promise must be express & show clear, distinct, & unequivocal recognition that new K is binding
• Mere acknowledgment isn’t enough
• &, if the natural obl is a prescribed debt, the new promise must be in writing
• Examples of natural obl→ (1) prescribed debt (2) obl lacks capacity (3) debt discharged in bankruptcy
Real Obligation

4
ob incurred as a result of a real right (transferred to the person who acquires the thing)
➢ Heritable & Strictly Personal Obls→ obls are presumed to be heritable, but are strictly personal 4 (1) O’ee if performance is intended 4 his exclusive benefit & (2) O’or if perform requires his skill / for personal services.
Conditional Obls

5
→ occurrence depends on the happening of uncertain event (WHETHER, if certain - term)
Suspensive Condition

6
→ suspends enforceability unless & until the uncertain event occurs
• If purchaser who doesn’t make a GF effort to comply w/suspensive condition, it’s considered fulfilled
• A condition that fails b/c of fault of a party who has an interest in its failure is considered fulfilled
Resolutory Condition

7
→ immediately enforceable, but comes to an end if the uncertain event occurs
• Credit sales include what’s in essence a resolutory condition that it’ll be nullified if price isn’t paid
Potestative Conditions

8
→ condition whose fulfillment is w/in a party’s power
• A suspensive potestative - condition whose fulfillment depends on obl’or’s whim is null
• “whim”→ depends entirely on obl’or’s unbridled discretion or arbitrariness
➢ A considered weighing of interests or exercise of reasonable discretion isn’t whim (it’s will)
• Resolutory potestative - conditions are not null, but must be exercise in GF
Obls w/ A Term

9
– a period allowed for performance. If no term perfom due immediately (WHEN)
Obls w/Multiple Persons - Several

10
• Several Obl→ more than 1 obl’or promises separate performances. They’re considered together b/c made in one K, but treat each 1 separately
Obls w/Multiple Persons - Joint

11
• Joint Obls→ only 1 performance is owed, but no obl’or is bound for the whole & no obl’ee is entitled to receive the whole performance. If you determine an obl is joint, look to whether it’s divisible/indivisible to determine effects:
• Divisible→ object of performance is susceptible of division
• Each obl’or only must perform his portion & each obl’ee may only receive his portion
• Indivisible→ governed by the rules of solidarity
Obls w/Multiple Persons - Distinguishing b/w Several & Joint

12
→ look to the object of the obl
• In several obls, the objects are different (separate performances), but in joint obls, there’s a single object (one performance). Whether sep/single performance(s) is owed is a matter of parties’ I
Obls w/Multiple Persons - Solidary Obls

13
→ each obl’or owes whole perform & / or each obl’ee is entitled to receive whole perform
• Effects: Sold for O’ees, the O’Or may extinguish by perf to any O’ee
• Sold for O’ors, the O’ee may demand whoel perf from any O’or
• Renunciation of Solidarity→ obl’ee may expressly renounce solidarity in favor of 1+ obl’or(s)
• Renouncing means the obl’ee will look to an obl’or only for that obl’or’s share
• Must be express, but need not be made in any solemn manner
• The other obl’ors remain solidarily liable for the obl minus the renounced share
• If other O’or goes insolvent – renounces O’or owes his portion of insolvent O’ors share
Remission of Debt

14
→ Obl’ee remits the debt in favor of 1+ solidary obl’or(s)
• Other obl’ors remain solidarily liable for the obl minus the remitted share
• Remitted O’or is free even if other sold O’or goes insovlent
• Solidary Obligor who pays has a contribution action against others for their virile share
Conjunctive & Alternative Obls

15
• Conjunctive Obl→ obl’or must render multiple performances, & each one may be separately rendered
• Monthly Rent payments (Rx runs from each performance dates)
• Alternative Obl→ obl’or is bound to render one of 2+ performances (“I will buy either the van/coupe”)
• Obl’or may choose either unless the choice was granted to the obl’ee either expressly or impliedly
• Obl’or isn’t allowed to render partial performance of both
• If one choice becomes impossible or unlawful, the obl’or must do the one that remains
• If both become impossible or unlawful w/o the obl’or’s fault, the obl is extinguished
Assumption

16
→ transfers the duty to a new obl’or. May arise by:
• agreement b/w the obl’or & 3dP whereby 3dP agrees to assume the obl’or’s obl.
• “I sell my house to Jill & she assumes the mortgage”
• Obl’ee may enforce a/g 3dP ONLY if it was made in writing
• But, even if not in writing, it’s enforceable b/w the obl’or & 3dP
• agreement b/w obl’ee & a 3dP whereby 3dP agrees to assume an obl owed to obl’ee
• This must be in writing to be enforceable & doesn’t affect a release of the original obl’or
Subrogation

17
→ the substitution of one person to the rights of another.

2 Types→ conventional & legal
• Conventional→ arises in 2 situations:
• Agreement w/obl’ee→ Effective w/o the obl’or’s consent. Governed by rules for assignment of right
• Agreement w/obl’or→ Effective w/o obl’ee’s consent. (In Writing & State purpose of loan = pay debt)
Legal Subrogation

18
→ entitles new obl’ee to recover only to extent that he has performed. Takes place in 5 situations: (1) when 1 obl’ee pays another obl’ee w/superior rights (2) when a purchaser of prop uses the purchase $ to pay a C w/a real right to prop (3) when an obl’or who owes a debt w/others pays that debt & has recourse a/g those obl’ors b/c of payment, (4) Successor pays debt with own funds (5) by law
Proof of Obls

19
→ some K must be in writing in which case is can’t be proved by testimony UNLESS the instrument has been destroyed/lost/stolen. (Electronic sigs satisfies the req)
• Authentic Act→ executed in front of a notary & 2 Ws & signed by parties, notary, & Ws.
• Act Under Private Signature Duly Acknowledged→ originally executed w/o notary present, but a party thereafter acknowledges the signature b/4 ct or notary & 2 Ws.
• Act Under Private Signature→ signed but not necessarily written by the parties. BUT, may be enforced a/g party who didn’t sign it if that party’s conduct demonstrates that he’s availed himself of the K.
Transfer of IMMs

20
→ must be in writing either by an authentic act or an act under private signature
• Exception→ oral transfer is valid if there’s been delivery & transferor recognizes the transfer under oath
• However, to affect 3d parties, it must be recorded in parish where IMM is situated
Obligations that Must be in writing

21
➢ The Following Must be in Writing (offer & acceptance) to be Effective→
(1) transfers of IMM, including creation of any real rights on IMMs, except a verbal K cancelling a written K to sell IMM prop
(2) a mandate authorizing the transfer of IMM prop
(3) a promise to pay a debt extinguished by Rx
(4) a promise to pay the debt of a 3dP
(5) compromise &
(5) suretyship
Obl is Extinguished by 6 ways:

22
• Performance
• Impossibility of Performance
• Novation
• Remission of Debt
• Compensation
• Confusion
Obl is Extinguished by 6 ways: Performance

23
• Performance→ extinguishes the obl (even if rendered by a 3dP, unless strictly personal)
Obl is Extinguished by 6 ways: Impossibility of Performance

24
• Impossibility of Performance→ obl’or isn’t liable if failure to perform is caused by a fortuitous (not reasonably foreseeable at time K made) event that makes performance impossible.(Except if default b4)
Obl is Extinguished by 6 ways: Novation

25
• Novation→ the extinguishment of an existing obl by the substitution of a new one
• Never presumed. Obl’ee’s I must be clear & unequivocal. Mere modification isn’t enough
• Objective Novation→ substitution of new performance or new cause in place of the original one
➢ The obl’or remains the same, but a new obl is substituted for the original obl (Giv in payment)
• Subjective Novation→ sub of a new o’or for the original o’or (org ob exting – dif than assump)
• If novation is made by obl’ee & 1 solidary obl’or, other solidary obl’ors are released, unless consent to new obl
Obl is Extinguished by 6 ways: Remission of Debt

26
• Remission of Debt→ voluntary relinquishment by the obl’ee of her right to demand performance
• Acceptance is always presumed unless he rejects w/in a reasonable time,
• Remit debt in favor of PO - sureties released
• Remission is a grat K that does not req a writing, b/c the liberality is more indirect than in a donation
Obl is Extinguished by 6 ways: Compensation

27
• Compensation→ method of extinguishing 2 obls simultaneously ( to the lesser amount)
• Occurs by operation of law if (1) 2 persons owe each other sums of $ or quantities of fungible things identical in kind & (2) these sums or quantities are liquidated & presently due
• Special Rules for Multiple Parties. Compensation between:
• Obl’ee & principal obl’or→ extinguishes surety’s obl
• Obl’ee & surety→ doesn’t extinguish principal obl’or’s obl
Obl is Extinguished by 6 ways: Confusion

28
• Confusion→ if qualities of o’ee & o’or are united in the same person, obl is extinguished (not for surety)