This book extensively analyses obligations connected to property rights, or ‘real obligations’, in a comparative perspective through a study of Belgian, French, Dutch and Scots law. Examples of real obligations are the periodical payment obligation of a long lease holder, the maintenance of the property subject to a servitude and the financial contributions by apartment owners.
A real obligation differs in several aspects from a personal obligation. A real obligation is for instance so closely connected to a property right that the obligation transfers automatically to the transferee of the property right. After defining real obligations and the exclusion of several related legal mechanisms in Part I, the regime of real obligations is analysed in Part II. The liability of both the transferor and transferee for real obligations, which are for many property rights underregulated, for instance, are analysed in detail.
Those findings are applied to the specific property rights in Part III, so that particular problems for a specific property right are also analysed and, where possible, solved. For instance the role of party autonomy in the creation of a long lease right is studied. Also the different obligations which can be connected to a servitude are delineated.
Part IV deals with legal mechanisms most of which have recently been introduced, allowing to connect obligations to a piece of property, outside the traditional framework of property rights, such as the Dutch ‘qualitative obligation’ and the French obligation réelle environnementale. The book ends with a discussion of the possibility and desirability of the (broader) introduction of such real obligations, which could entail the introduction of new property rights sui generis.
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FAQs
Examples of real obligations are the periodical payment obligation of a long lease holder, the maintenance of the property subject to a servitude and the financial contributions by apartment owners. A real obligation differs in several aspects from a personal obligation.
What are the obligations of a contract agreement? ›
Contract obligations could include various tasks, including completing or avoiding certain acts, making payments, delivering products or services, promises to provide certain information, complying with certain terms, passing background checks or other tests, and more.
What does personal obligation mean? ›
A strictly personal obligation is an obligation that is only enforceable by the original obligee or against the original obligor (thus, it's not heritable. (3) Conditional Obligations. Conditional obligation is an obligation whose occurrence depends on an uncertain event.
Is the law of contract neither the whole law of agreement nor obligation? ›
The Law of Contract is neither the whole law of agreements, nor is it the whole Law of obligations. It is the law of those agreements which create obligations, and those obligations, which have their source in agreement.”
What is an example of an obligation in a contract? ›
One common example of a contractual obligation is the payment terms agreed upon between parties. These terms specify the amount, method, and schedule of payments. Similarly, delivery obligations outline the timeline, location, and conditions for delivering goods or services.
What is a person's only real obligation? ›
To realize one's destiny is a person's only real obligation and when you want something, all the universe conspires in helping you to achieve it. Paulo Coelho, The Alchemist.
What is the law of obligations and contracts? ›
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.
What is obligation in simple words? ›
something by which a person is bound or obliged to do certain things, and which arises out of a sense of duty or results from custom, law, etc. Synonyms: responsibility. something that is done or is to be done for such reasons: to fulfill one's obligations. a binding promise, contract, sense of duty, etc.
Is an obligation a legal duty? ›
Legal Obligation is also referred to as the legal duty. Legal Obligation is generated through the contract or law. Also, it requires an individual to conform their actions to a specific standard.
Can a judge change the terms of a contract? ›
For example, the court can reject agreements (or parts of agreements) that are unconscionable or that call for illegal conduct (“I'll pay you to be an alternate elector.”) The Court can interpret and construe contracts in ways that one party might not agree with, but that's not really a power to change or alter the ...
Void agreements: “An agreement not enforceable by law is said to be void”. A void agreement has no legal significance from the beginning.
What is a contract that is legally binding and fully enforceable? ›
A “binding contract” is any agreement that's legally enforceable. That means if you sign a binding contract and don't fulfill your end of the bargain, the other party can take you to court. You might encounter binding contracts frequently, whether you're signing a rental lease agreement or just bought a car.
What is an example of obligation in everyday life? ›
These include moral obligations such as honesty and integrity; social obligations such as politeness; financial obligations such as paying bills on time; professional obligations such as showing up for work; legal obligations including obeying laws; and educational/career-related obligations like completing school ...
What is a real life example of a moral obligation? ›
A quick definition of moral obligation:
It is a sense of responsibility to do what is right, even if there is no legal requirement to do so. For example, if someone helps a neighbor in need, they may feel a moral obligation to do so, even if there is no legal obligation.
What is an example of a natural obligation? ›
A natural obligation is a moral duty that is not legally enforceable. It is a duty that a person feels they should do, but there is no legal requirement to do it. For example, if a person borrows money from a friend and promises to pay it back, but there is no written agreement, it is a natural obligation.
What is an example of a form of obligation? ›
For example, if an individual fails to make their car payments regularly, the auto company will repossess the car. Taxes, too, are a form of obligation, and failing to meet them results in large fines or imprisonment.
