What Is An Obligation? PDF

PART IV : WHAT IS AN OBLIGATION ? never stop daring. 2 WHAT IS AN OBLIGATION ? Definition of an obligation « An obligation is a legal link between two or more people » (A. BENABENT). When an obligation is created, one person becomes the creditor of...

PART IV : WHAT IS AN OBLIGATION ? never stop daring. 2 WHAT IS AN OBLIGATION ? Definition of an obligation « An obligation is a legal link between two or more people » (A. BENABENT). When an obligation is created, one person becomes the creditor of another person, who becomes their debtor in turn. Creditor: party who is owed a debt Debtor: party who owes a debt WHAT IS AN OBLIGATION ? Origin of obligations Article 1100 of the Civil Code provides that « obligations originate from legal acts, legal facts, or the law itself ». Want to claim an obligation has not been fulfilled/executed? - Prove that it exists first. - Then prove that it has not been fulfilled. - Then the creditor can demand its rightful execution. Let’s look at what kinds of proof a creditor can use. WHAT IS AN OBLIGATION ? Origin of obligations Different means of proving an obligation depending on whether it originates from in a legal act or legal fact: WHAT IS AN OBLIGATION ? Proof of obligations originating from legal acts Proof required to prove obligations from legal acts: conclusive / perfect proof Conclusive proof required for legal acts >1500€ Conclusive proof = Original contractual document in writing signed by hand or electronically; OR Incomplete written proof + any corroborating proof Conclusive proof binds the judge as to the contents of the legal act WHAT IS AN OBLIGATION ? Proof of obligations originating from legal acts Focus on incomplete written proof Any writing redacted by the person contesting the act and which makes the obligation more likely (article 1362 Civ. Code) Incomplete written proof = imperfect poof Can become perfect / conclusive proof only IF corroborated by another element of proof Examples of incomplete written proof : Document signed by the parties but lacking mandatory clauses Copy of a contract (not the original version) An email from the party contesting the obligation WHAT IS AN OBLIGATION ? Proof of obligations originating from legal facts (and certain legal acts) Proof required to prove all legal facts and certain legal acts: imperfect proof/any means possible Proof by any means = imperfect proof or partial proof (less formal than a signed writing) For legal acts: Below 1500€ Concluded between professionals Where there is a moral or material impossibility to have a writing (family setting) Where there has been destruction/loss of the writing due to force majeure Imperfect proof DOES NOT bind the judge WHAT IS AN OBLIGATION ? Proof of obligations originating from legal facts (and certain legal acts) Proof required to prove all legal facts and certain legal acts: imperfect proof/any means possible Any type of proof is accepted = imperfect proof / partial proof / any means Imperfect proof does NOT bind the judge, who has discretion as to the weight it gives the imperfect proof brought forth by the parties Examples of imperfect proof : Incomplete written proof Testimony Email Photocopy Text message, Whatsapp message, Messenger text… Confession, sworn statement Presumptions… WHAT IS AN OBLIGATION ? Summary table of elements of proof Origin of obligation Type of proof required Examples Effect Legal act Conclusive proof / - Original writing Binds the judge: the perfect proof - Electronic writing judge cannot go against what has been agreed - Incomplete written proof upon in the legal act + corroborating evidence Legal fact Incomplete written - Testimony Does not bind the judge: or proof alone / imperfect - Email, texts, social the judge will take the Legal act: proof elements of proof into network postings… - Below 1500€ account but has a wide - Between professionals - Photocopy margin of discretion as - With moral or material - Presumptions to the weight given to impossibility to have a writing - Confessions, sworn each element of proof - With destruction/loss of the statements writing due to force majeure WHAT IS AN OBLIGATION ? In other words… Origin of If obligation not Type of proof obligation fulfilled accepted to prove liability Can force Exception for From legal Conclusive/perfect certain legal acts reparation of act proof, aka the where imperfect prejudice based on (contract) signed contract proof can be Contractual liability accepted Obligation Can force Partial/imperfect From legal reparation of proof of: (i) Fault, fact prejudice based on (ii) Prejudice and Extra contractual (iii) direct liability causation DISTINGUISHING CIVIL LIABILITIES Civil contractual vs. extra-contractual liability DISTINGUISHING CIVIL LIABILITIES Civil contractual vs. Civil extra-contractual liability EXTRA-CONTRACTUAL LIABILITY Definition Obligations can be created by faults committed by oneself, or by other people or things that are under one’s responsibility. The law says that the wrongdoer MUST repair any damages caused directly by their wrongdoing, subject to being sued by the prejudiced party: « any action of a person, which causes a damage to another, must be repaired by the person who is at fault for such damage » (Art 1240 civ. Code) => Principle of Extra-contractual liability EXTRA-CONTRACTUAL LIABILITY Conditions = Legal fact EXTRA-CONTRACTUAL LIABILITY Exonerating causes CONTRACTUAL LIABILITY Definition Contractual liability is the responsibility of a person to properly fulfill a binding contract. In case of breach (= fault = non-performance or improper performance), the breacher can then either - be forced to perform the contractual obligation (through an order of the court called an injunction), or - be forced to compensate the other party for not having done so (or not properly). This can translate into various civil sanctions/remedies, such as : requesting a lower price, or damages. CONTRACTUAL LIABILITY Pre-existing condition: the contract Contractual liability can be established only if there is a contract. A contract is a “concurrence of wills between two or more people, which creates, modifies, transfers or extinguishes obligations” (art. 1101 civ. code) CONTRACTUAL LIABILITY Conditions Once a contract has been proven (with conclusive proof), contractual liability must be proven in order to get compensated for non-performance of its obligations: Contractual liability elements (the « who’s fault is it and who can I request reparation from? ») : 1. Fault (lack of/poor contract performance) + 2. Prejudice (moral/material/physical) + 3. Causation link between fault and prejudice