Understanding Civil Liability and Contractual Obligations
Liability
When a person is not fulfilling their duties or obligations, responsibility falls upon them as a sanction against failure, resulting in injury to the recipient of the duty or obligation.
Nature of Liability
Contractual liability may be the means or the result. For example, a location service is an obligation of means, which means that the debtor must put all their resources at their disposal to achieve the result and fulfills their obligation to act diligently, even when the outcome is not reached.
Extra-contractual liability may arise from a crime (an illegal act carried out with intent or willful misconduct) or a quasi-crime (harm done by fault or negligence). In these cases, criminal liability can also arise when the act is a crime.
Causal Relationship
This is another element of liability. It not only includes the link or relationship between the physical type of fault and damage but also a causal relationship of cause and effect between the actions of the defendant as responsible and the injury.
Reasons for Excluding Civil Responsibility
These involve situations where the alleged agent is not obligated to repair the damage because they have not developed any conduct that can be regarded as a fault or because there is no causal relationship between their wrongful conduct and the harm suffered by the victim.
Liability and the Law of Obligations
The idea of responsibility is related to two important concepts of the law of obligations: debt and collateral. On the one hand, accountability is linked closely to the debt, even in the historical formation of the concept itself. Moreover, linking the idea of responsibility to guarantee occurs, as indicated by Lalaguna, as it provides specific safety performance of the obligation, in addition to general security in any case provided by the goods that make up the debtor’s assets.
Oblique Action
It is also called subrogation action because the creditor is subrogated to the position of the debtor and says, “my debtor’s debtor is my debtor.” Through the exercise of this action, the creditor does not replace the debtor, but the creditor is merely exercising the right of the debtor. Therefore, it is an indirect action. It is also a conservatorship action, as the creditor is not paid their credits but acts to preserve the debtor’s assets and, in turn, run the defense of economic rights of a pecuniary nature, putting the shares and receipt of the debtor except those that are purely personal.
The Paulian Action
“Creditors can attack, in their own name, acts performed by the debtor in fraud of their rights.”
So, the purpose of the action is devoted to protecting creditors’ assets of the debtor, requesting the revocation of malicious or fraudulent acts that tend to break up this heritage. It is said that their aim is a conservatorship action.
The Effects of Oblique Action
- The result of the action takes advantage of all unsecured creditors because the debtor’s assets are the common pledge of their creditors.
- The creditor is not paying your credit; you only get the payment from entering the debtor’s assets, then try their executive action.
The Effects of Paulian Action
- The creditor obtains revocation of the fraudulent act. The creditor is entitled to seize the third good alienated by the debtor, as if still in the hands of the latter, the output of this heritage property that served as a guarantee for the longer an obstacle.
- The reversal is partial and is declared only in their interest. The returned value falls outside the estate of the transferor and thus does not become part of the common security of its creditors; it can only be allocated between the applicant and the creditor who joined him in his efforts.
- It is not considered extinguished fraudulent third-party relationships with the debtor, with respect to it must produce its effects.
Difference Between Oblique Action, Paulian Action, and Simulation
- The oblique action of the debtor engaged in negligent actions in combat acts. Paulian actions are actually made, and the simulation acts fictitious attacks.
- The exercise of the shares is restricted to Paulian oblique and creditors. In the act of simulation, it can be attempted by any third-party creditor if only one instance when he has broken laws on public order. It can also be invented by the debtor himself who performed the act and its successors simulated Article universal.
- Paulian oblique and requires that the debtor is insolvent and the loan becomes due while the action is not required simulation credibility of credit because not intended to enforce the debts.
- The Paulian action required before the credit is fraudulent actions while in the oblique and simulation does not matter if the credit is earlier or later.
Natural and Civil Obligations
Natural obligations are those whose compliance is not required by law; that is, it does not penalize those who no longer fulfill them. For example, the obligation to enter into a person in the sense of paying a prescribed credit, gambling debts, etc. Civil obligations are those that may be required to support the law obliges it to comply. Example: arising from contracts.
Obligation to give, do, and don’t. Are obligations to those whose content is the delivery of a thing. Example: June, I’ll pay you twenty dollars I owe you.
Alternative Obligations
“The alternative obligation is one whose object is two or more benefits due, in such a way that the debtor is released fully complying with one of them.”
In principle, the choice belongs to the debtor unless it is expressly stipulated otherwise in accordance with what is established in Article 1963 of the Civil Code.
In cases where the alternative obligation falls on one thing or event, and it refuses to comply must deliver the thing or running the event, if the election is the creditor, it may require any of these benefits, but if that choice for the debtor, providing it complies with the thing. When something is lost because of the debtor, the choice corresponding to the creditor, it may require its price, the execution of the act or termination of contract, but if the loss occurs through no fault of the debtor, the creditor will be obliged to take provision the fact. The same was observed when the choice is the debtor, even when there has been fault on his part in the loss of the thing. “If it is lost or the fact of paid leave because of the creditor, the obligation is fulfilled.”
Mandatory Obligations
“The obligation is optional when the debtor is a single service, but serving another option to free any given service, rather than due.”
“The voluntary obligation is really just an object. What can be paid instead of the object because it is only a means of liberation, and not the fulfillment of the obligation. The Romans said that this thing was not “in Obligation” but only “in solutionis Faculty.”
Joint Obligations
Those calls are also complex to understand various services together so that the debtor is required to run various things or events, in such form and manner that is only released to give all things or provide all the facts. Article 1961 of our Civil Code says: “He who has forced a number of things or events together, must give all first and give every second.”