Kinds of obligation
- Imperfect and perfect obligation
Imperfect
obligation: It is used to describe a moral duty.
Example: A
time barred debt.
It
is the moral duty of the debtor to pay the time barred debt because under law
he cannot be compelled to pay it.
2.
Perfect obligation : opposite to imperfect obligation
Again,
from the viewpoint of number of persons bound, obligations are of 2 kinds,
namely:
(1)
Simple obligations
These relate to single creditor and single debtor.
If there are two or more creditors, they are called co-owners or
joint-owners.
(2)
Solidary obligations
These relate to those where two or more debtors owe the same thing to
the same creditor/s.
Each debtor is bound for the whole of the obligation and not for a
proportionate part.
Obligation is solidary only when each is liable for the whole.
NB. In simple obligations: debtor and creditor→ single or creditors are
many
In solidary obligations:
debtors are many and creditor/s are sa
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