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Effects of obligations (civil law)

Effects of obligations (civil law)

2090

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David Holt

What are the effects of obligations?

The effects of obligations They are defined as the legal consequences that have their origin in the existence and effectiveness of the obligation. Any legal act generates obligations, either unilaterally or bilaterally, vis-à-vis the two parties to the legal relationship..

The effects generated by the obligations depend on the type of obligation: it may be an obligation to give, to do or not to do. They include the mechanisms available to the law to achieve the correct and timely fulfillment of the obligation when this does not occur in a timely manner or in its entirety through regular channels..

There are three powers: the right to claim a forced fulfillment of the obligation, the right in second instance to claim financial compensation for damages suffered by the forced fulfillment, and the right that the debtor's assets remain subject to the fulfillment of the obligation..

The mechanisms within the law to achieve compliance with the obligation imply the right to request conservative measures, oblique or subrogatory action, Paulian or revocation action, and the benefit of separation of assets.

Distinction between the effects of obligations and the effects of contracts

Legally, the effects of a contract cannot be assimilated with the effects of an obligation. The effects of a contract are the obligations that emanate from the contract itself; the cause of the obligation is the contract itself.

On the contrary, the effects of the obligations refer precisely to the effects of these on the debtor who has the obligation to fulfill them. To this end, the legislation endows the creditor with rights that guarantee compliance..

The creditor and the debtor have a mandatory legal relationship that unites them and, as a consequence of this, the effects of the obligations occur.

Normally in the field of law, the debtor voluntarily performs his obligation without being required. When this does not happen, it is when the aforementioned effects of the obligations occur..

In addition, the effects of the contracts do not end in the obligations, but have other effects that have nothing to do with it. For example, contracts such as a transaction or novation do not produce similar effects to obligations.

Effects of the obligations on the creditor

The law establishes tools and processes to be able to safeguard the creditor. There are four ways to protect the creditor's rights over the debt: satisfactory guardianship, conservative guardianship, resolutory guardianship, and compensatory guardianship..

Satisfactory guardianship

The creditor has the right to satisfactorily fulfill his obligation. It can be achieved by voluntary compliance or the obligation can also be satisfied, through payment or compliance by a third party. If neither of these two options occurs, there are still several courses of action:

Invoke the forced execution to obtain the fulfillment of the obligation. This is carried out through the claim before legal bodies and through a judicial resolution contrary to the debtor..
Invoke financial compensation for non-performance of the obligation. This is what is known as an abnormal effect of the obligation. It is important to note that there is no additional obligation, but that it is the same although the object has changed: there is economic compensation instead of the benefit.
Termination of the contract. Demand the termination of the contract that comes from the obligation; it is called adjudicatory guardianship. It is about returning things to the situation prior to the contract, which sometimes implies compensation for damages and even lost profits.

Conservative guardianship

It comprises several aspects: on the one hand, guaranteeing the right to credit; on the other hand, protect the debtor's assets. In this way, it covers all the procedures that guarantee the creditor preventive protection, such as a recognition of debt..

Another mechanism to protect the debtor's assets is a power of attorney through which creditors have the power to manage and review the debtor's assets in the face of processes that may be detrimental to their interest. It mainly refers to fraud or simulation situations.

In this same line are the actions for the separation of assets, in the event that the creditor thinks that they may be left without the equity guarantee that guarantees their credit.

Resolutory guardianship

When contracts produce obligations on both parties, it seems that the right to terminate the contract is assumed by the person who has not breached it versus the one who has breached it..

In this way, the resolutory guardianship empowers the party that has complied to separate in some way from that breached contract and move on..

Compensatory guardianship

They are protection effects in terms of prevention, compensation for damages and reparation originated in the breach of the obligation.

Not only the damages arising from the injury to the interest of the benefit are within this sphere, but also other damages that harm interests other than that of the benefit..

Effects of obligations in relation to the debtor

The debtor has a not too active role in the obligation relationship. Of course, you have certain rights:

Rights prior to compliance. The debtor has the power to obtain collaboration and reception. If the creditor does not cooperate, it can be considered a default of the creditor.
Rights at the time of fulfilling the obligation. The debtor has the option of making the payment via court or by consignment.
Right effected compliance. When the debtor performs the provision that is the object of the obligation, he has the right to claim the receipt or a releasing document.
Post-performance rights. The debtor is released from the debt when complying and the creditor has no actions against him.
Right to reject the creditor's actions when the obligation has been legally terminated or changed.