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Topic: Law of obligations

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  Obligation - Wikipedia, the free encyclopedia
There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, and possibly the "obligation" to spell words correctly.
Obligations are generally granted in return for an increase in an individual’s rights or power.
Common legal obligations for citizens include the need to participate as a juror if called upon and pay taxes, which is granted in return for the right to participate in the electoral process and the financial and physical protection by the state.
en.wikipedia.org /wiki/Obligation   (243 words)

 Louisiana Civil Law Obligations
An obligation is exigible if and only if (i) it is a civil obligation and (ii) it is not, at the moment at which the qualification is to be made, subject to any suspensive temporal modalities.
That is true if (i) the obligation is certain and (ii) the parties thereto, though in disagreement as to the full value of the obligation, agree that the obligation is worth "at least" this or that specified amount.
Under that article, compensation between the obligee and a solidary obligor was supposed to extinguish the solidary obligation dollar-for-dollar up to the value of the obligation that the obligee owed the solidary obligor, just as would have happened had the solidary obligor rendered performance to the obligee in that amount.
faculty.law.lsu.edu /jrtrahan/retrojet-compensation.htm   (1943 words)

Obligations are regarded as voluntary where the parties to the obligation have exercised their will for its formation.
Scots law recognises the law of promises as a distinct branch of voluntary obligations.
Delict is the area of the law which governs the obligation to refrain from wrongful conduct which may harm the interests of another, and the duty to compensate one who is harmed as a result of your wrongful conduct.
www.luiss.it /erasmuslaw/scozia/obligations.htm   (2637 words)

 Labor Law Obligations to Employees   (Site not responding. Last check: 2007-11-07)
New York State laws restricting the employment of minors (other than child models or performers, whose employment is regulated by article 35 of the arts and cultural affairs law) are located in article four of the labor law The child labor laws are enforced by the Attorney General.
The laws governing hours of labor and required meal breaks are found in article five of the labor law.
The prevailing wage law was originally enacted in 1894 to ensure that workers on state and local public work and service contracts are paid wages and wage supplements equivalent to those paid in the private sector for similar work in the same locality, as required by the New York State Constitution.
www.oag.state.ny.us /workplace/employer.html   (3326 words)

 The New German Law of Obligations: an Introduction
The second source of the new Law of Obligations was a draft which had been prepared by a reform commission in a process which dates back to the 1970ies, and which had initially been entrusted with the task of preparing a reform of the entire German law of obligations.
At any rate, the result is that the new German law of obligations is based on the old draft, and the major characteristics of this draft are now part of the present German law.
German law has now developed a general type of breach of contract – to be precise, the notion even transcends contract law, and extends, as breach of duty, to the entire law of obligations.
www.iuscomp.org /gla/literature/schulte-noelke.htm   (3030 words)

 [No title]
Nevertheless a party may rely upon the law of the country in which he has his habitual residence to establish that he did not consent if it appears from the circumstances that it would not be reasonable to determine the effect of his conduct in accordance with the law specified in the preceding paragraph.
The mutual obligations of assignor and assignee under a voluntary assignment of a right against another person ('the debtor') shall be governed by the law which under this Convention applies to the contract between the assignor and assignee.
The law governing the right to which the assignment relates shall determine its assignability, the relationship between the assignee and the debtor, the conditions under which the assignment can be invoked against the debtor and any question whether the debtor's obligations have been discharged.
fletcher.tufts.edu /multi/texts/BH784.txt   (2411 words)

 Law of obligations - Wikipedia, the free encyclopedia
The Law of Obligations is one of the component elements of the civil law system of law and encompasses contractual obligations, quasi-contractual obligations such as unjust enrichment and extra-contractual obligations.
The Law of Obligations is one of the branches of the civil law which includes the Law of Property, the Law of Persons, the Law of the Family the Law of Successions, the Law of Hypothecs, the Law of Prescription.
The Law of Obligations finds its origins in Roman law.
en.wikipedia.org /wiki/Law_of_obligations   (114 words)

 EUROPA - Justice and Home Affairs - Consultation on a preliminary draft proposal for a council regulation  on the ...   (Site not responding. Last check: 2007-11-07)
The law applicable to a non-contractual obligation arising from unfair competition or other unfair practices shall be the law of the country where the unfair competition or other practice affects competitive relations or the collective interests of consumers.
The law applicable to a non-contractual obligation arising from a violation of private or personal rights or from defamation shall be the law of the country where the victim is habitually resident at the time of the tort or delict.
The law applicable to a non-contractual obligation arising from a violation of the environment shall be the law of the country in whose territory the damage occurs or threatens to occur.
europa.eu.int /comm/justice_home/unit/civil/consultation/index_en.htm   (1972 words)

 Law of Obligations Act (consolidated text Dec 2003)
The law may provide that a written contract is also deemed to have been entered into when the contract has been signed by the obligated party only.
Where the quality of the performance of a contractual obligation is not determinable from the contract or from law, the party shall perform the obligation with a quality not less than average in the circumstances.
An obligor may perform an obligation for the benefit of the legal representative of an obligee with restricted active legal capacity if the representative has not granted consent to the performance of the obligation for the benefit of the obligee.
www.legaltext.ee /text/en/X30085K2.htm   (10276 words)

 OUCLF : articles: P Schlechtriem (2002)
The content of the obligation is determined by law and - in the case of contractual obligations - by the agreement between the parties, unless party autonomy is restricted by legal norms which prohibit certain terms - in particular standard terms - or which exceptionally impose certain terms on the contracting parties.
Most important, while the uniform law projects allows the courts to adjust the contract affected by changed circumstances at their discretion, § 313 BGB (1) requires that the party asking for adjustment must claim for a specific alteration of the contract, which the court can either grant or deny.
Some national laws (including those of Austria and Germany) therefore provide for a suspension of the running of the limitation period of the respective seller's claims against his or her supplier; for German law, this is codified in § 479 (2) BGB.
ouclf.iuscomp.org /articles/schlechtriem2.shtml   (8643 words)

 LLRX -- An Overview of Estonian Law and Web Resources - Update   (Site not responding. Last check: 2007-11-07)
The Parliament passes laws, decisions and the state budget, elects the President of the Republic, and authorizes a candidate for the prime minister to form the government.
Law of Obligations - a draft of the law is currently under construction and the Law may be passed during 2001.
Pursuant to the law, a thing is a tangible object, an immovable thing is land and essential parts attached to it (buildings permanently affixed to the land, growing forest, other crops or unharvested grain, but also property rights connected with the lot).
www.llrx.com /features/estonian1.htm   (2510 words)

 The Law of Obligations   (Site not responding. Last check: 2007-11-07)
The Law of Obligations requires you to revise those topics of Contract Law and the Law of Tort, which you have already covered as part of Introduction to the Common Law - ICL, (a pre-requisite for the study of this subject).
Thorough study of the cases is therefore essential to understand the current law and to perceive from the judgements, the trends likely to govern its future development.
The law of Tort is concerned with a wide variety of civil law rights protecting the safety of the person and their property from harm, and can be summed up in the phrase "all human life is here" since it governs many relationships commonly arising between individuals, businesses and central and local government.
www.lawtutorsonline.co.uk /Obligations.htm   (407 words)

 | Book Review | Law and History Review, 20.3 | The History Cooperative
Seeing the "continuity of structure" of tort and contract law from the medieval period enables the student of the subject to understand more fully the modern law and the manner in which this "skeleton" impacts the continuing development of the law.
The scars are plainly visible in the Common Law of the end of the twentieth century" (23).
It focuses on doctrine and the significant role of lawyers and judges in the evolution of the law.
www.historycooperative.org /journals/lhr/20.3/br_1.html   (910 words)

 An Employer's Obligations Under Megan's Law   (Site not responding. Last check: 2007-11-07)
This law, commonly known as "Megan's Law," is named for 7-year-old Megan Kanka, who was raped and murdered in July of 1994 by a twice-convicted sex offender who had kept his criminal background secret.
A "sex offense" means aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping, endangering the welfare of a child, luring and enticing, criminal restraint and false imprisonment if the victim is a minor and the parent is not the offender.
The law also contains a three-tier notification process to provide information about registered sex offenders to law enforcement agencies and the surrounding community based on the level of risk of recidivism by the offender.
www.lowenstein.com /new/megan_law.html   (1431 words)

 Law of Obligations Act, General Part of the Civil Code Act and Private International Law Act Implementation Act ...
In the case of marriages contracted prior to 1 July 2002, when determining the law applicable to the proprietary rights of spouses, the date of contraction of the marriage for the purposes of subsection 58 (3) of the Private International Law Act shall be deemed to be 1 July 2002.
Right of pre-emption with respect to an immovable which is created pursuant to law and with regard to which a notation has been entered in the land register, and the right of pre-emption of a co-owner of an immovable have the same legal force.
In subsection 12 (3) of the Obligation to Leave and Prohibition on Entry Act (RT I 1998, 98/99, 1575; 2001, 68, 407; 2002, 53, 336; 61, 375; 84, 492; 102, 599; 2003, 4, 21; 13, 65), the words “without active legal capacity” are substituted by the words “with restricted active legal capacity”.
www.legaltext.ee /text/en/X60032K1.htm   (16738 words)

 [No title]
The violation of any statute or ordinance shall not establish negligence as a matter of law where the act or omission involved was required in order to comply with an order or proclamation of...
Other obligations are prescribed by Divisions I and II of this Code....
Except as otherwise provided by law or where waived by the parties to an agreement, in any action on a contract based on a book account, as defined in Section 337a of the Code of...
www.iadvocate.net /CACode/114131_LawFiles.Htm   (1243 words)

 EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)
Notwithstanding the provisions of Article 3, a choice of law made by the parties shall not have the result of depriving the consumer of the protection afforded to him by the mandatory rules of the law of the country in which he has his habitual residence:
The law governing the right to which the assignment relates shall determine its assignabiity, the relationship between the assignee and the debtor, the conditions under which the assignment can be invoked against the debtor and any question whether the debtor's obligations have been discharged.
The application of the law of any country specified by this Convention means the application of the rules of law in force in that country other than its rules of private international law.
www.jus.uio.no /lm/ec.applicable.law.contracts.1980/doc.html   (3241 words)

 Child Law
Much of the law of contract and the law of tort which you have already studied answers the question ‘In what circumstances can A sue B’.
A recent joint consultative document issued by the Bar Council and the Law Society complained that there was ‘insufficient emphasis on remedies in the undergraduate study of contract’ which could best be remedied (excuse the pun) by a dedicated third year course.
During the course we will contrast the approach of the common law with that of other legal jurisdictions and consider a number of theoretical debates which are relevant to the subject.
www.leeds.ac.uk /law/lawmods/remedies.htm   (596 words)

 Syllabi 2004-2005 B-KUL-C02B5A Law of obligations
Obligations from illegal deeds: understanding the faults and foundations for liability (artt.
Obligations from illegal deeds: vertical and horizontal cumul of liabilities.
Obligations from illegal deeds: interaction between diverse liabilityregimes (convergence and coexistance of criminal, contractual and outercontractual obligations)
www.kuleuven.ac.be /onderwijs/aanbod2004/syllabi/C02B5AE.htm   (548 words)

 OUP: Law of Obligations: Cane
The late John Fleming, emeritus Professor of Law in the University of California at Berkeley, was the pre-eminent torts lawyer of the age; his Law of Torts has influenced generations of students and scholars, and remains a classic of legal literature.
These stimulating essays have much to say about the past, present and future of the law of obligations and will be of great interest to scholars and lawyers of all legal systems.
The authors of this collection of essays on the law of obligations intend it as a tribute to his achievements.
www.oup.co.uk /isbn/0-19-826484-4   (657 words)

 Obligations - The Sparlin Law Office   (Site not responding. Last check: 2007-11-07)
What is the source of my legal obligation to maintain an affirmative action plan?
Affirmative action requirements for federal contractors first were imposed in an Executive Order issued by President Johnson the 1960s.
The information in this web site is not presented as legal advice, and you should seek counsel concerning your specific situation.
www.sparlinlaw.com /faqs/obligations.html   (420 words)

 Table of contents for The new German law of obligations
The modernization of the law of obligations 30 XIII.
Doctrinal and historical background to the new law 66 2.
The Uncitral Convention, the Principles of European Contract Law and the Unidroit Principles 126 3.
www.loc.gov /catdir/toc/ecip0518/2005024540.html   (731 words)

Peck is the author or editor of seven books, including The Bill of Rights and the Politics of Interpretation (West Publishing, 1992).  He has written for Books-on-Law.
This tract surveys and critiques some two centuries of American legal thought and its move from  pre-modernism to modernism and into post-modernism.  The book is an "intellectual voyage" through these three intellectual periods.  But it is a voyage defined by two broad, interrelated themes: jurisprudential foundations and the notion of progress.
This intellectual history, which is provocative at times, is set out in six chapters and addresses topics such as natural law and republican government, the onset of positivism, Langdellian legal science, American legal realism, and various forms of modern and post-modern jurisprudence.
jurist.law.pitt.edu /lawbooks/inmar00.htm   (710 words)

Scots law is influenced by Roman law and English law.
Terms which the law adds to a contract.
An order of the court directing the party in breach to perform his obligations.
www.som.hw.ac.uk /buslm1/ComLaw1/cl1contractoutline.html   (876 words)

 GLA : Statutes : Civil Code
When the Act to Modernise the Law of Obligations (Schuldrechtsmodernisierungsgesetz) entered into force on 1 January 2002, this marked the most sweeping reform of the German Civil Code or Bürgerliches Gesetzbuch since it was enacted on 1 January 1900.
The obligor is liable for the fault of his statutory agent, and of persons whom he employs to perform his obligation, to the same extent as for his own fault.
Such an obligation arises in particular if the third party by enlisting a particularly high degree of reliance materially influences the contractual negotiations or the conclusion of the contract.
www.iuscomp.org /gla/statutes/BGB.htm   (14861 words)

 Law Of Obligations: Essays In Celebration Of John Fleming; Editor: Cane, Peter; Editor: Stapleton, Jane; Hardback; Book
Law Of Obligations: Essays In Celebration Of John Fleming
In this volume, distinguished academics and judges from around the world pay tribute to Fleming in a collection of essays which range widely across tort law, legal theory, legal history andcomparative law.The late John Fleming influenced generations of legal students and practitioners with his Law of Torts.
In this text, academics and judges pay tribute to him in a collection of essays ranging over tort law, legal theory, legal history and comparative law.
www.netstoreusa.com /ljbooks/019/0198264844.shtml   (228 words)

 Law: Law of Civil Obligations
This wide-ranging course has been specifically designed for Accounting and Finance students wishing to gain exemption from the relevant initial law exams with the major professional accountancy bodies.
Access students intending to start the LLB programme in the following January but who have not been engaged in full-time study for some time, or for students who have qualifications other than A-levels or their equivalent.
pre-LLM students from non-common law systems wishing to improve their English legal knowledge and language before commencing their course.
www.buckingham.ac.uk /law/llb/courses/lawcivob.html   (181 words)

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