What Is Joint Indivisible Obligation?

What are the kinds of obligation?

Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional…Section 1: Pure and Conditional Obligation.

Section 6: Obligation with a Penal Clause.

Section 2: Obligations with a Period.

Section 3: Alternative Obligation.

Section 4: Joint and Solidary Obligations.

Section 5: Divisible and Indivisible Obligation..

What is an alternative obligation?

An obligation is alternative when two things are equally due, under an alternative. Usually, when an obligation is alternative, the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the oblige. …

What is a negative human right?

Under the theory of positive and negative rights, a negative right is a right not to be subjected to an action of another person or group—a government, for example—usually in the form of abuse or coercion. As such, negative rights exist unless someone acts to negate them.

What is the difference between joint and solidary obligation?

They relate to performances which by their nature have to be rendered in common by several debtors, bound to the creditor by a single contract. A joint obligation is distinguished from a solidary obligation in that the creditor in a joint obligation can take action only against all the debtors together.

What are the effects of joint obligation?

The non-performance of one of the debtors in a joint obligation necessarily has an effect on the obligation as a whole. It follows that the creditor can terminate for fundamental nonperformance even if the non-performance is imputable to only one of the debtors.

What are negative obligations?

Negative obligations refers to a duty not to act; that is, to refrain from action that would hinder human rights. For instance, by not returning smuggled migrants to countries where they face risks of persecution, the State will be abiding by the corresponding negative obligation.

What is facultative obligation?

Facultative obligation refers to a type of obligation where one thing is due, but another is paid in its place. In such type of obligations there is no alternative provided. The debtor is given the right to substitute the thing due with another that is not due.

What is a negative personal obligation?

Negative Personal Obligation – an obligation not to do (which naturally includes not to give).

What are examples of negative rights?

Examples of negative rights are the right to live, to be free, freedom of speech, freedom of religion, freedom from violence, freedom from slavery, and property rights.

What is indivisible obligation?

Indivisible obligation. an obligation in which the object, in its delivery or performance, is NOT capable of partial fulfillment.

What is joint obligation?

In a joint obligation, each obligor answers only for a part of the whole liability and to each obligee belongs only a part of the correlative rights.

What are personal obligations?

Personal Obligations means any liability or other obligation accrued, incurred or payable by the Company to or for the benefit of Daniels or Swanson or either of them. … Personal Obligations means any obligation under this Lease the breach of which would constitute a Personal Default.