CONCEPT AND

TYPES OF
OBLIGATION
Table of Content

Concept of Obligation
Elements of Obligation
Nepalese legal provision on obligation
Kinds of Obligations
Conclusion
 Concept Of Obligation

The term obligation is derived from Latin substantative “Obligatio” having many wide and
varied meanings according to the context in which it is used.
The term obligation means to do or not to do an act , or to perform some work or .But , in
Jurisprudence this concept has been defined broadly and in a different way to get .To get a
clear idea lets have look on definition given by Salmond.
According to Salmond ,” An obligation may therefore be defined as proprietary rights in
personam or duty which corresponds to such right “
In Blacks Law Dictionary “ Obligation means moral or legal duty to do or not to do
something”.
Accordingly, it can be summed up that obligation arises from a legal relation between two
persons in which one has right over the other who has the duty towards the former such legal
relationship arises for proprietary rights are rights in personam i. e. Right against person.
 Concept of Obligation cont…

There can be following situation which are included in obligation in juristic sense :

There is always a duty in personam which can be any duty of one individual in respect
to another : For example : duty to pay debt, a duty to pay compensation to whom the
wrong was done.

There is always a bond of legal necessity which is called by Roman Jurist as viniculum
juris which means obligation is not only a duty but it is co- related to a right of another
individual. For example : In sale , seller is under obligation to deliver the possession of
goods purchased by purchaser on receipt of money.

Obligation pertains to the sphere of proprietary rights. There are certain rights which are
created from the status of person but they are not obligation under law because of an
unenforceability. For eg : rights created by marriage.
 Elements Of Obligation
Elements
of
obligation  The person who has right or power to demand the
performance or payment of obligation is called obligee or
Obligee creditor.
 The person who is bound to perform or pay is known as
Obligor obligor or debtor . He is against whom the obligation can
be demanded.

Prestation  There is always some act which is needed to be performed

by one person on the demand of another . Thus , the
subject matter of obligation is called Prestation.
Vinculum
juris  Vinculum juris also known as juridical or legal tie is a bond
that binds or connects the parties to the obligation.
 Nepalese legal provision on obligation
According to section 493 ( 1) of Muluki Civil Code 2074,
493. Obligation to be created : (1) If there is a legal compulsion for one to do or
to abstain from doing any act , an obligation is created if one omits to do or
does such an act.
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494 : (1) Circumstances in which obligation is created: (1) The obligation under
Section 493 shall be created and maintained as follows:
(a) By a law,
(b) By a contract,
(c) By an indirect or quasi-contract,
(d) By an unjust enrichment,
(e) By an unilateral commitment of any person to assume obligation,
(f) By an act to be treated as tort under law,
(g) By an act to be treated as a quasi-tort under law.
 Kinds of Obligation

1. Sole Obligation
2. Solidarity Obligation
i. Several obligation
ii. Joint obligation
iii. Several and joint obligation
3. Contractual Obligation
4. Delictal Obligation
5. Quasi-Contractual Obligation
6. In-nominate Obligation
7. Absolute obligation
8. Relative Obligation
 Kinds Of Obligation

1. Sole Obligation:
Sole obligation is the one in which there is one creditor and one debtor.
For instance , X promises y to pay $100.In this example there is only one debtor
and only one creditor .So this is sole obligation.

2. Solidarity Obligation :
In case , when there is two or more than two debtor and the debtor own debt from
one common creditor , it is called solidarity obligation .In the case of two or more
than two creditors the principle of joint tenancy or co- ownership works.
There are three kinds of solidarity obligations:
 Kinds of Obligation
i. Several Obligation : According to Salmond , generally such obligations are several when
although they have the same subject matter , they have different sources . Each debtor is bound to
the creditor by a distinct and independent vinculum juris , the only connection between them that
in each case the subject matter of obligation is the same , so the performance by one of the debtor
necessarily discharges all others also.

ii. Joint Obligation : According to Salmond , such obligations are joint when , they have not
merely same subject matter , but the same source . In this kind of obligation though there are two
or more debtors , there is only one debt or other cause of action as well as only one thing owned.
The vinculum juris is single , though it binds several debtors to the same creditor.

iii. Joint and several obligation :Joint and several obligations are those joint obligations which
the law , for several reason chooses to treat in special respects as if they were several. Like those
which are purely and simply joint , they have same source as well as the same subject matter ; but
the law does not regard them consistently as comprising a single vinculum juris.
 Kinds Of Obligation

3. Contractual Obligation(obligations ex contractu) :

A contract is a legal bond between two person it creates right for one
person and duty of other person .
Both the parties of contract are responsible to act according to the
terms of the contract for the benefit of each other. The right which
comes into picture by virtue of contract is right in personam which
means rights against the particular person who is the party of the
contract . In the contractual obligation person who breaches the
contract is liable to pay to the other person pre-fixed compensation as
per the conditions and terms of contract .
 Kinds of Obligation

4. Delictal Obligation(Obligationes ex delicto) :

These obligations are connected to torts .According to Salmond , A tort may be
defined as a civil wrong for which the remedy is an action for damages and which is
not solely the breach of contract or breach of a trust or other merely equitable
obligation .Delictal obligations are those in which a sum of money is to be paid as
compensation for a tort.
Tortious liability is the liability of wrong doer or defendant towards the victim or
plaintiff. In such obligation there is a liability to pay compensation in form of money to
the suferor . Tortious liability arises from the breach of duty towards other persons .
Such duty is fixed by law and people are accepted to abide by their duty and cause
harm to other person than the person against whom tort is committed has a right to
claim for unliquidated damages . Hence , a wrong doer has the right to pay
unliquidated damages towards the person against whom he commits wrong.
 Kinds of Obligation

5. Quasi- contractual obligation(Obligationes quasi ex

delicto) :
These obligations are regarded by law as contractual though they are not actually .
These obligations are called by Salmon by the name of ‘ contracts’ implied in
law . A quasi contractual obligation arises where the law factiously attaches a
contract . Quasi contracts obligation arises where the law fictiously attaches a
contract are the one which are not created by a former agreement by the parties
through their consent. It is the contract of fiction.
E.g. A money decree by the court.
Another example is if I enter a train it implies that I agree to pay the railway
fare.My obligation is truly a quasi contractual one.
 Kinds of obligations

In-nominate Obligations :
In-nominate obligations are all those falling under the heads of
contractual obligation , delictal obligations and quasi contractual
obligation.
For instance , The obligations which are to be fulfilled by the trusties
for the benefit of their trust or other equitable obligations which are
covered in modern property laws come under this category.
 Kinds of Obligation

Austin classified obligations into 2 kinds :

i. Absolute Obligation :
An absolute obligation is a obligation without a corresponding right.
For example ; paying tax to the government.

ii. Relative Obligation :

Relative obligation is an obligation with corresponding right.
For example : relation between owner and tenant of a house.
 CONCLUSION

Thus, An obligation is a legal bond (vinculum iuris) by

which one or more parties (obligants) are bound to act or
refrain from acting. An obligation thus imposes on the
obligor a duty to perform, and simultaneously creates a
corresponding right to demand performance by the obligee
to whom performance is to be tendered.