| slovo | definícia |
obligation
(mass) | obligation
- dlhopis, láskavosť, obligácie, povinnosť, závezok |
obligation
(encz) | obligation,břímě n: numira@i.cz |
obligation
(encz) | obligation,dluhopis n: numira@i.cz |
obligation
(encz) | obligation,laskavost n: numira@i.cz |
obligation
(encz) | obligation,nutkavost n: numira@i.cz |
obligation
(encz) | obligation,obligace n: numira@i.cz |
obligation
(encz) | obligation,povinnost n: numira@i.cz |
obligation
(encz) | obligation,revers n: numira@i.cz |
obligation
(encz) | obligation,úpis n: numira@i.cz |
obligation
(encz) | obligation,závazek n: |
Obligation
(gcide) | Obligation \Ob"li*ga"tion\, n. [F. obligation. L. obligatio. See
Oblige.]
1. The act of obligating.
[1913 Webster]
2. That which obligates or constrains; the binding power of a
promise, contract, oath, or vow, or of law; that which
constitutes legal or moral duty.
[1913 Webster]
A tender conscience is a stronger obligation than a
proson. --Fuller.
[1913 Webster]
3. Any act by which a person becomes bound to do something to
or for another, or to forbear something; external duties
imposed by law, promise, or contract, by the relations of
society, or by courtesy, kindness, etc.
[1913 Webster]
Every man has obligations which belong to his
station. Duties extend beyond obligation, and direct
the affections, desires, and intentions, as well as
the actions. --Whewell.
[1913 Webster]
4. The state of being obligated or bound; the state of being
indebted for an act of favor or kindness; -- often used
with under to indicate being in that state; as, to place
others under obligations to one.
[1913 Webster]
5. (Law) A bond with a condition annexed, and a penalty for
nonfulfillment. In a larger sense, it is an acknowledgment
of a duty to pay a certain sum or do a certain things.
[1913 Webster]
Days of obligation. See under Day.
under obligation, under an obligation. in a state of
obligation[4].
[1913 Webster +PJC] |
obligation
(wn) | obligation
n 1: the social force that binds you to the courses of action
demanded by that force; "we must instill a sense of duty in
our children"; "every right implies a responsibility; every
opportunity, an obligation; every possession, a duty"- John
D.Rockefeller Jr [syn: duty, responsibility,
obligation]
2: the state of being obligated to do or pay something; "he is
under an obligation to finish the job"
3: a personal relation in which one is indebted for a service or
favor [syn: obligation, indebtedness]
4: a written promise to repay a debt [syn: debt instrument,
obligation, certificate of indebtedness]
5: a legal agreement specifying a payment or action and the
penalty for failure to comply |
OBLIGATION
(bouvier) | OBLIGATION. In its general and most extensive sense, obligation is
synonymous with duty. In a more technical meaning, it is a tie which binds
us to pay or to do something agreeably to the laws and customs of the
country in which the obligation is made. Just. Inst. 1. 3, t. 14. The term
obligation also signifies the instrument or writing by which the contract is
witnessed. And in another sense, an obligation still subsists, although the
civil obligation is said to be a bond containing a penalty, with a condition
annexed for the payment of money, performance of covenants or the like; it
differs from a bill, which is generally without a penalty or condition,
though it may be obligatory. Co. Litt. 172. It is also defined to be a deed
whereby a man binds himself under a penalty to do a thing. Com. Dig.
Obligation, A. The word obligation, in its most technical signification, ex
vi termini, imports a sealed instrument. 2 S. & R. 502; 6 Vern. 40; 1
Blackf. 241; Harp. R. 434; 2 Porter, 19; 1 Bald. 129. See 1 Bell's Com. b.
3, p. 1, c. 1, page 293; Bouv. Inst. Index, h.t.
2. Obligations are divided into imperfect obligations, and perfect
obligations.
3. Imperfect obligations are those which are not binding on us as
between man and man, and for the non-performance of which we are accountable
to God only; such as charity or gratitude. In this sense an obligation is a
mere duty. Poth. Ob. art. Prel. n. 1.
4. A perfect obligation is one which gives a right to another to
require us to give him something or not to do something. These obligations
are either natural or moral, or they are civil.
5. A natural or moral obligation is one which cannot be enforced by
action, but which is binding on the party who makes it, in conscience and
according to natural justice. As for instance, when the action is barred by
the act of limitation, a natural obligation is extinguished. 5 Binn. 573.
Although natural obligations cannot be enforced by action, they have the
following effect: 1. No suit will lie to recover back what has been paid, or
given in compliance with a natural obligation. 1 T. R. 285; 1 Dall. 184, 2.
A natural obligation is a sufficient consideration for a new contract. 5
Binn. 33; 2 Binn. 591; Yelv. 41, a, n. 1; Cowp. 290; 2 Bl. Com. 445; 3 B. &
P. 249, n.; 2 East, 506; 3 Taunt. 311; 5 Taunt. 36; Yelv. 41, b. note; 3
Pick. 207 Chit. Contr. 10.
6. A civil obligation is one which has a binding operation in law,
vinculum juris, and which gives to the obligee the right of enforcing it in
a court of justice; in other words, it is an engagement binding on the
obligor. 12 Wheat. It:. 318, 337; 4 Wheat. R. 197.
7. Civil obligations are divided into express and implied, pure. and
conditional, primitive and secondary, principal and accessory, absolute and
alternative, determinate and indeterminate, divisible and indivisible,
single and penal, and joint and several. They are also purely personal,
purely real, and both real and mixed at the same time.
8. Express or conventional obligations are those by which the obligor
binds himself in express terms to perform his obligation.
9. An implied obligation is one which arises by operation of law; as,
for example, if I send you daily a loaf of bread, without any express
authority, and you make use of it in your family, the law raises an
obligation on your part to pay me the value of the bread.
10. A pure or simple obligation is one which is not suspended by any
condition, either because it has been contacted without condition, or,
having been contracted with one, it has been fulfilled.
11. A conditional obligation is one the execution of which is suspended
by a condition which has not been accomplished, and subject to which it has
been contracted.
12. A primitive obligation, which in one sense may also be called a
principal obligation, is one which is contracted with a design that it
should, itself, be the first fulfilled.
13. A secondary obligation is one which is contrasted, and is to be
performed, in case the primitive cannot be. For example, if I sell you my
house, I bind myself to give a title, but I find I cannot, as the title is
in another, then my secondary obligation is to pay you damages for my non-
performance of my obligation.
14. A principal obligation is one which is the most important object of
the engagement of the contracting parties.
15. An accessory obligation is one which is dependent on the principal
obligation; for example, if I sell you a house and lot of ground, the
principal obligation on my part is to make you a title for it; the accessory
obligation is to deliver you all the title papers which I have relating to
it; to take care of the estate till it is delivered to you, and the like.
16. An absolute obligation is one which gives no alternative to the
obligor, but he is bound to fulfill it according to his engagement.
17. An alternative obligation is, where a person engages to do, or to
give several things in such a manner that the payment of one will acquit him
of all; as if A agrees to give B, upon a sufficient consideration, a horse,
or one hundred dollars. Poth. Obl. Pt. 2, c. 3, art. 6, No.. 245.
18. In order to constitute an alternative obligation, it is necessary
that two or more things should be promised disjunctively; where they are
promised conjunctively, there are as many obligations as the things which
are enumerated, but where they are in the alternative, though they are all
due, there is but one obligation, which may be discharged by the payment of
any of them.
19. The choice of performing one of the obligations belongs to the
obligor, unless it is expressly agreed that all belong to the creditor.
Dougl. 14; 1 Lord Raym. 279; 4 N. S. 167. If one of the acts is prevented by
the obligee, or the act of God, the obligor is discharged from both. See 2
Evans' Poth. Ob. 52 to 54; Vin. Ab. Condition, S b; and articles
Conjunctive; Disjunctive; Election.
20. A determinate obligation, is one which has for its object a certain
thing; as an obligation to deliver a certain horse named Bucephalus. In
this case the obligation can only be discharged by delivering the identical
horse.
21. An indeterminate obligation is one where the obligor binds himself
to deliver one of a certain species; as, to deliver a horse, the delivery of
any horse will discharge the obligation.
22. A divisible obligation is one which being a unit may nevertheless be
lawfully divided with or without the consent of the parties. It is clear it
may be divided by consent, as those who made it, may modify or change it as
they please. But some obligations may be divided without the consent of the
obligor; as, where a tenant is bound to pay two hundred dollars a year rent
to his landlord, the obligation is entire, yet, if his landlord dies and
leaves two sons, each will be entitled to one hundred dollars; or if the
landlord sells one undivided half of the estate yielding the rent, the
purchaser will be entitled to receive one hundred dollars, and the seller
the other hundred. See Apportionment.
23. An indivisible obligation is one which is not susceptible of
division; as, for example, if I promise to pay you one hundred dollars, you
cannot assign one half of this to another, so as to give him a right of
action against me for his share. See Divisible.
24. A single obligation is one without any penalty; as, where I simply
promise to pay you one hundred dollars. This is called a single bill, when
it is under seal.
25. A penal obligation is one to which is attached a penal clause which
is to be enforced, if the principal obligation be not performed. In general
equity will relieve against a penalty, on the fulfillment of the principal
obligation. See Liquidated damages; Penalty.
26. A joint obligation is one by which several obligors promise to the
obligee to perform the obligation. When the obligation is only joint and the
obligors do not promise separately to fulfill their engagement they must be
all sued, if living, to compel the performance; or, if any be dead, the
survivors must all be sued. See Parties to actions.
27. A several obligation is one by which one individual, or if there be
more, several individuals bind themselves separately to perform the
engagement. In this case each obligor may be sued separately, and if one or
more be dead, their respective executors may be sued. See Parties to
actions.
28. The obligation is, purely personal when the obligor binds himself to
do a thing; as if I give my note for one thousand dollars, in that case my
person only is bound, for my property is liable for the debt only while it
belongs to me, and, if I lawfully transfer it to a third person, it is
discharged.
29. The obligation is personal in another sense, as when the obligor
binds himself to do a thing, and he provides his heirs and executors shall
not be bound; as, for example, when he promises to pay a certain sum yearly
during his life, and the payment is to cease at his death.
30. The obligation is real when real estate, and not the person, is
liable to the obligee for the performance. A familiar example will explain
this: when an estate owes an easement, as a right of way, it is the thing
and not the owner who owes the easement. Another instance occurs when a
person buys an estate which has been mortgaged, subject to the mortgage, he
is not liable for the debt, though his estate is. In these cases the owner
has an interest only because he is seised of the servient estate, or the
mortgaged premises, and he may discharge himself by abandoning or parting
with the property.
31. The obligation is both personal and real when the obligor has bound
himself, and pledged his estate for the fulfillment of his obligation.
|
| | podobné slovo | definícia |
collateralized mortgage obligation
(encz) | collateralized mortgage obligation, |
default on obligations
(encz) | default on obligations, |
enhanced obligation
(encz) | enhanced obligation, |
financial obligation
(encz) | financial obligation, n: |
government obligation
(encz) | government obligation, |
holy day of obligation
(encz) | holy day of obligation, n: |
maintenance of value obligation
(encz) | maintenance of value obligation, |
moral obligation
(encz) | moral obligation, n: |
obligational
(encz) | obligational, adj: |
obligations
(encz) | obligations,závazky n: pl. Zdeněk Brož |
outstanding obligation
(encz) | outstanding obligation, |
performance of financial obligations
(encz) | performance of financial obligations, |
settlement of financial obligations
(encz) | settlement of financial obligations, |
strengthened cooperative strategy on overdue financial obligations
(encz) | strengthened cooperative strategy on overdue financial obligations, |
total obligation authority
(czen) | Total Obligation Authority,TOA[zkr.] [voj.] Zdeněk Brož a automatický
překlad |
Days of obligation
(gcide) | Obligation \Ob"li*ga"tion\, n. [F. obligation. L. obligatio. See
Oblige.]
1. The act of obligating.
[1913 Webster]
2. That which obligates or constrains; the binding power of a
promise, contract, oath, or vow, or of law; that which
constitutes legal or moral duty.
[1913 Webster]
A tender conscience is a stronger obligation than a
proson. --Fuller.
[1913 Webster]
3. Any act by which a person becomes bound to do something to
or for another, or to forbear something; external duties
imposed by law, promise, or contract, by the relations of
society, or by courtesy, kindness, etc.
[1913 Webster]
Every man has obligations which belong to his
station. Duties extend beyond obligation, and direct
the affections, desires, and intentions, as well as
the actions. --Whewell.
[1913 Webster]
4. The state of being obligated or bound; the state of being
indebted for an act of favor or kindness; -- often used
with under to indicate being in that state; as, to place
others under obligations to one.
[1913 Webster]
5. (Law) A bond with a condition annexed, and a penalty for
nonfulfillment. In a larger sense, it is an acknowledgment
of a duty to pay a certain sum or do a certain things.
[1913 Webster]
Days of obligation. See under Day.
under obligation, under an obligation. in a state of
obligation[4].
[1913 Webster +PJC]Day \Day\ (d[=a]), n. [OE. day, dai, dei, AS. d[ae]g; akin to
OS., D., Dan., & Sw. dag, G. tag, Icel. dagr, Goth. dags; cf.
Skr. dah (for dhagh ?) to burn. [root]69. Cf. Dawn.]
1. The time of light, or interval between one night and the
next; the time between sunrise and sunset, or from dawn to
darkness; hence, the light; sunshine; -- also called
daytime.
[1913 Webster +PJC]
2. The period of the earth's revolution on its axis. --
ordinarily divided into twenty-four hours. It is measured
by the interval between two successive transits of a
celestial body over the same meridian, and takes a
specific name from that of the body. Thus, if this is the
sun, the day (the interval between two successive transits
of the sun's center over the same meridian) is called a
solar day; if it is a star, a sidereal day; if it is
the moon, a lunar day. See Civil day, Sidereal day,
below.
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3. Those hours, or the daily recurring period, allotted by
usage or law for work.
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4. A specified time or period; time, considered with
reference to the existence or prominence of a person or
thing; age; time.
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A man who was great among the Hellenes of his day.
--Jowett
(Thucyd. )
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If my debtors do not keep their day, . . .
I must with patience all the terms attend. --Dryden.
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5. (Preceded by the) Some day in particular, as some day of
contest, some anniversary, etc.
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The field of Agincourt,
Fought on the day of Crispin Crispianus. --Shak.
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His name struck fear, his conduct won the day.
--Roscommon.
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Note: Day is much used in self-explaining compounds; as,
daybreak, daylight, workday, etc.
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Anniversary day. See Anniversary, n.
Astronomical day, a period equal to the mean solar day, but
beginning at noon instead of at midnight, its twenty-four
hours being numbered from 1 to 24; also, the sidereal day,
as that most used by astronomers.
Born days. See under Born.
Canicular days. See Dog day.
Civil day, the mean solar day, used in the ordinary
reckoning of time, and among most modern nations beginning
at mean midnight; its hours are usually numbered in two
series, each from 1 to 12. This is the period recognized
by courts as constituting a day. The Babylonians and
Hindoos began their day at sunrise, the Athenians and Jews
at sunset, the ancient Egyptians and Romans at midnight.
Day blindness. (Med.) See Nyctalopia.
Day by day, or Day after day, daily; every day;
continually; without intermission of a day. See under
By. "Day by day we magnify thee." --Book of Common
Prayer.
Days in bank (Eng. Law), certain stated days for the return
of writs and the appearance of parties; -- so called
because originally peculiar to the Court of Common Bench,
or Bench (bank) as it was formerly termed. --Burrill.
Day in court, a day for the appearance of parties in a
suit.
Days of devotion (R. C. Ch.), certain festivals on which
devotion leads the faithful to attend mass. --Shipley.
Days of grace. See Grace.
Days of obligation (R. C. Ch.), festival days when it is
obligatory on the faithful to attend Mass. --Shipley.
Day owl, (Zool.), an owl that flies by day. See Hawk owl.
Day rule (Eng. Law), an order of court (now abolished)
allowing a prisoner, under certain circumstances, to go
beyond the prison limits for a single day.
Day school, one which the pupils attend only in daytime, in
distinction from a boarding school.
Day sight. (Med.) See Hemeralopia.
Day's work (Naut.), the account or reckoning of a ship's
course for twenty-four hours, from noon to noon.
From day to day, as time passes; in the course of time; as,
he improves from day to day.
Jewish day, the time between sunset and sunset.
Mean solar day (Astron.), the mean or average of all the
apparent solar days of the year.
One day, One of these days, at an uncertain time, usually
of the future, rarely of the past; sooner or later. "Well,
niece, I hope to see you one day fitted with a husband."
--Shak.
Only from day to day, without certainty of continuance;
temporarily. --Bacon.
Sidereal day, the interval between two successive transits
of the first point of Aries over the same meridian. The
Sidereal day is 23 h. 56 m. 4.09 s. of mean solar time.
To win the day, to gain the victory, to be successful. --S.
Butler.
Week day, any day of the week except Sunday; a working day.
Working day.
(a) A day when work may be legally done, in distinction
from Sundays and legal holidays.
(b) The number of hours, determined by law or custom,
during which a workman, hired at a stated price per
day, must work to be entitled to a day's pay.
[1913 Webster] |
Disobligation
(gcide) | Disobligation \Dis*ob`li*ga"tion\, n.
1. The act of disobliging.
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2. A disobliging act; an offense. [Obs.] --Clarendon.
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3. Release from obligation. --Jer. Taylor.
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Imperfect obligations
(gcide) | Imperfect \Im*per"fect\, a. [L. imperfectus: pref. im- not +
perfectus perfect: cf. F imparfait, whence OE. imparfit. See
Perfect.]
1. Not perfect; not complete in all its parts; wanting a
part; deective; deficient.
[1913 Webster]
Something he left imperfect in the state. --Shak.
[1913 Webster]
Why, then, your other senses grow imperfect. --Shak.
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2. Wanting in some elementary organ that is essential to
successful or normal activity.
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He . . . stammered like a child, or an amazed,
imperfect person. --Jer. Taylor.
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3. Not fulfilling its design; not realizing an ideal; not
conformed to a standard or rule; not satisfying the taste
or conscience; esthetically or morally defective.
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Nothing imperfect or deficient left
Of all that he created. --Milton.
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Then say not man's imperfect, Heaven in fault;
Say rather, man's as perfect as he ought. --Pope.
[1913 Webster]
Imperfect arch, an arch of less than a semicircle; a skew
arch.
Imperfect cadence (Mus.), one not ending with the tonic,
but with the dominant or some other chord; one not giving
complete rest; a half close.
Imperfect consonances (Mus.), chords like the third and
sixth, whose ratios are less simple than those of the
fifth and forth.
Imperfect flower (Bot.), a flower wanting either stamens or
pistils. --Gray.
Imperfect interval (Mus.), one a semitone less than
perfect; as, an imperfect fifth.
Imperfect number (Math.), a number either greater or less
than the sum of its several divisors; in the former case,
it is called also a defective number; in the latter, an
abundant number.
Imperfect obligations (Law), obligations as of charity or
gratitude, which cannot be enforced by law.
Imperfect power (Math.), a number which can not be produced
by taking any whole number or vulgar fraction, as a
factor, the number of times indicated by the power; thus,
9 is a perfect square, but an imperfect cube.
Imperfect tense (Gram.), a tense expressing past time and
incomplete action.
[1913 Webster] |
Obligation
(gcide) | Obligation \Ob"li*ga"tion\, n. [F. obligation. L. obligatio. See
Oblige.]
1. The act of obligating.
[1913 Webster]
2. That which obligates or constrains; the binding power of a
promise, contract, oath, or vow, or of law; that which
constitutes legal or moral duty.
[1913 Webster]
A tender conscience is a stronger obligation than a
proson. --Fuller.
[1913 Webster]
3. Any act by which a person becomes bound to do something to
or for another, or to forbear something; external duties
imposed by law, promise, or contract, by the relations of
society, or by courtesy, kindness, etc.
[1913 Webster]
Every man has obligations which belong to his
station. Duties extend beyond obligation, and direct
the affections, desires, and intentions, as well as
the actions. --Whewell.
[1913 Webster]
4. The state of being obligated or bound; the state of being
indebted for an act of favor or kindness; -- often used
with under to indicate being in that state; as, to place
others under obligations to one.
[1913 Webster]
5. (Law) A bond with a condition annexed, and a penalty for
nonfulfillment. In a larger sense, it is an acknowledgment
of a duty to pay a certain sum or do a certain things.
[1913 Webster]
Days of obligation. See under Day.
under obligation, under an obligation. in a state of
obligation[4].
[1913 Webster +PJC] |
obligational
(gcide) | obligational \obligational\ adj.
relating or constituting or qualified to create a legal or
financial obligation; as, obligational authority.
[WordNet 1.5] |
Simple obligation
(gcide) | Simple \Sim"ple\, a. [Compar. Simpler; superl. Simplest.]
[F., fr. L. simplus, or simplex, gen. simplicis. The first
part of the Latin words is probably akin to E. same, and the
sense, one, one and the same; cf. L. semel once, singuli one
to each, single. Cg. Single, a., Same, a., and for the
last part of the word cf. Double, Complex.]
1. Single; not complex; not infolded or entangled;
uncombined; not compounded; not blended with something
else; not complicated; as, a simple substance; a simple
idea; a simple sound; a simple machine; a simple problem;
simple tasks.
[1913 Webster]
2. Plain; unadorned; as, simple dress. "Simple truth."
--Spenser. "His simple story." --Burns.
[1913 Webster]
3. Mere; not other than; being only.
[1913 Webster]
A medicine . . . whose simple touch
Is powerful to araise King Pepin. --Shak.
[1913 Webster]
4. Not given to artifice, stratagem, or duplicity;
undesigning; sincere; true.
[1913 Webster]
Full many fine men go upon my score, as simple as I
stand here, and I trust them. --Marston.
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Must thou trust Tradition's simple tongue? --Byron.
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To be simple is to be great. --Emerson.
[1913 Webster]
5. Artless in manner; unaffected; unconstrained; natural;
inartificial;; straightforward.
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In simple manners all the secret lies. --Young.
[1913 Webster]
6. Direct; clear; intelligible; not abstruse or enigmatical;
as, a simple statement; simple language.
[1913 Webster]
7. Weak in intellect; not wise or sagacious; of but moderate
understanding or attainments; hence, foolish; silly. "You
have simple wits." --Shak.
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The simple believeth every word; but the prudent man
looketh well to his going. --Prov. xiv.
15.
[1913 Webster]
8. Not luxurious; without much variety; plain; as, a simple
diet; a simple way of living.
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Thy simple fare and all thy plain delights.
--Cowper.
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9. Humble; lowly; undistinguished.
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A simple husbandman in garments gray. --Spenser.
[1913 Webster]
Clergy and laity, male and female, gentle and simple
made the fuel of the same fire. --Fuller.
[1913 Webster]
10. (BOt.) Without subdivisions; entire; as, a simple stem; a
simple leaf.
[1913 Webster]
11. (Chem.) Not capable of being decomposed into anything
more simple or ultimate by any means at present known;
elementary; thus, atoms are regarded as simple bodies.
Cf. Ultimate, a.
[1913 Webster]
Note: A simple body is one that has not as yet been
decomposed. There are indications that many of our
simple elements are still compound bodies, though their
actual decomposition into anything simpler may never be
accomplished.
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12. (Min.) Homogenous.
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13. (Zool.) Consisting of a single individual or zooid; as, a
simple ascidian; -- opposed to compound.
[1913 Webster]
Simple contract (Law), any contract, whether verbal or
written, which is not of record or under seal. --J. W.
Smith. --Chitty.
Simple equation (Alg.), an equation containing but one
unknown quantity, and that quantity only in the first
degree.
Simple eye (Zool.), an eye having a single lens; -- opposed
to compound eye.
Simple interest. See under Interest.
Simple larceny. (Law) See under Larceny.
Simple obligation (Rom. Law), an obligation which does not
depend for its execution upon any event provided for by
the parties, or is not to become void on the happening of
any such event. --Burrill.
[1913 Webster]
Syn: Single; uncompounded; unmingled; unmixed; mere;
uncombined; elementary; plain; artless; sincere;
harmless; undesigning; frank; open; unaffected;
inartificial; unadorned; credulous; silly; foolish;
shallow; unwise.
Usage: Simple, Silly. One who is simple is sincere,
unaffected, and inexperienced in duplicity, -- hence
liable to be duped. A silly person is one who is
ignorant or weak and also self-confident; hence, one
who shows in speech and act a lack of good sense.
Simplicity is incompatible with duplicity, artfulness,
or vanity, while silliness is consistent with all
three. Simplicity denotes lack of knowledge or of
guile; silliness denotes want of judgment or right
purpose, a defect of character as well as of
education.
[1913 Webster]
I am a simple woman, much too weak
To oppose your cunning. --Shak.
[1913 Webster]
He is the companion of the silliest people in
their most silly pleasure; he is ready for every
impertinent entertainment and diversion. --Law.
[1913 Webster] |
under an obligation
(gcide) | Obligation \Ob"li*ga"tion\, n. [F. obligation. L. obligatio. See
Oblige.]
1. The act of obligating.
[1913 Webster]
2. That which obligates or constrains; the binding power of a
promise, contract, oath, or vow, or of law; that which
constitutes legal or moral duty.
[1913 Webster]
A tender conscience is a stronger obligation than a
proson. --Fuller.
[1913 Webster]
3. Any act by which a person becomes bound to do something to
or for another, or to forbear something; external duties
imposed by law, promise, or contract, by the relations of
society, or by courtesy, kindness, etc.
[1913 Webster]
Every man has obligations which belong to his
station. Duties extend beyond obligation, and direct
the affections, desires, and intentions, as well as
the actions. --Whewell.
[1913 Webster]
4. The state of being obligated or bound; the state of being
indebted for an act of favor or kindness; -- often used
with under to indicate being in that state; as, to place
others under obligations to one.
[1913 Webster]
5. (Law) A bond with a condition annexed, and a penalty for
nonfulfillment. In a larger sense, it is an acknowledgment
of a duty to pay a certain sum or do a certain things.
[1913 Webster]
Days of obligation. See under Day.
under obligation, under an obligation. in a state of
obligation[4].
[1913 Webster +PJC] |
under obligation
(gcide) | Obligation \Ob"li*ga"tion\, n. [F. obligation. L. obligatio. See
Oblige.]
1. The act of obligating.
[1913 Webster]
2. That which obligates or constrains; the binding power of a
promise, contract, oath, or vow, or of law; that which
constitutes legal or moral duty.
[1913 Webster]
A tender conscience is a stronger obligation than a
proson. --Fuller.
[1913 Webster]
3. Any act by which a person becomes bound to do something to
or for another, or to forbear something; external duties
imposed by law, promise, or contract, by the relations of
society, or by courtesy, kindness, etc.
[1913 Webster]
Every man has obligations which belong to his
station. Duties extend beyond obligation, and direct
the affections, desires, and intentions, as well as
the actions. --Whewell.
[1913 Webster]
4. The state of being obligated or bound; the state of being
indebted for an act of favor or kindness; -- often used
with under to indicate being in that state; as, to place
others under obligations to one.
[1913 Webster]
5. (Law) A bond with a condition annexed, and a penalty for
nonfulfillment. In a larger sense, it is an acknowledgment
of a duty to pay a certain sum or do a certain things.
[1913 Webster]
Days of obligation. See under Day.
under obligation, under an obligation. in a state of
obligation[4].
[1913 Webster +PJC] |
financial obligation
(wn) | financial obligation
n 1: an obligation to pay money to another party [syn:
indebtedness, liability, financial obligation] |
holy day of obligation
(wn) | holy day of obligation
n 1: a day when Catholics must attend Mass and refrain from
servile work, and Episcopalians must take Communion |
moral obligation
(wn) | moral obligation
n 1: an obligation arising out of considerations of right and
wrong; "he did it out of a feeling of moral obligation" |
obligational
(wn) | obligational
adj 1: relating or constituting or qualified to create a legal
or financial obligation; "obligational authority" |
treasury obligations
(wn) | Treasury obligations
n 1: negotiable debt obligations of the United States government
which guarantees that interest and principal payments will
be paid on time [syn: Treasury, Treasury obligations] |
CIVIL OBLIGATION
(bouvier) | CIVIL OBLIGATION, Civil law. One which binds in law, vinculum juris, and
which may be enforced in a court of justice. Poth. Obl. 173, and 191. See
Obligation.
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IMPAIRING THE OBLIGATION OF CONTRACT
(bouvier) | IMPAIRING THE OBLIGATION OF CONTRACTS. The Constitution of the United
States, art. 1, s. 9, cl. 1, declares that no state shall "pass any bill of
attainder, ex post facto law, or law impairing the obligation of contracts."
2. Contracts, when considered in relation to their effects, are
executed, that is, by transfer of the possession of the thing contracted
for; or they are executory, which gives only a right of action for the
subject of the contract. Contracts are also express or implied. The
constitution makes no distinction between one class of contracts and the
other. 6 Cranch, 135; 7 Cranch, 164.
3. The obligation of a contract here spoken of is a legal, not a mere
moral obligation; it is the law which binds the party to perform his
undertaking. The obligation does not inhere or subsist in the contract
itself, proprio vigore, but in the law applicable to the contract. 4 Wheat.
R. 197; 12 Wheat. R. 318; and. this law is not the universal law of nations,
but it is the law of the state where the contract is made. 12 Wheat. R. 213.
Any law which enlarges, abridges, or in any manner changes the intention of
the parties, resulting from the stipulations in the contract, necessarily
impairs it. 12 Wheat. 256; Id. 327; 3 Wash. C. C. Rep. 319; 8 Wheat. 84; 4
Wheat. 197.
4. The constitution forbids the states to pass any law impairing the
obligation of contracts, but there is nothing in that instrument which
prohibits Congress from passing such a law. Pet. C. C. R. 322. Vide,
generally, Story on the Const. Sec. 1368 to 1891 Serg. Const. Law, 356;
Rawle on the Const. h.t.; Dane's Ab. Index, h.t.; 10 Am. Jur. 273-297.
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MORAL OBLIGATION
(bouvier) | MORAL OBLIGATION. A duty which one owes, and which he ought to perform, but
which he is not legally bound to fulfill.
2. These obligations are of two kinds 1st. Those founded on a natural
right; as, the obligation to be charitable, which can never be enforced by
law. 2d. Those which are supported by a good or valuable antecedent
consideration; as, where a man owes a debt barred by the act of limitations,
this cannot be recovered by law, though it subsists in morality and
conscience; but if the debtor promise to pay it, the moral obligation is a
sufficient consideration for the promise, and the creditor may maintain an
action of assumpsit, to recover the money. 1 Bouv. Inst. n. 623.
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NATURAL OBLIGATION
(bouvier) | NATURAL OBLIGATION, Civil law. One which in honor and conscience binds the
person who has contracted it, but which cannot be enforced in a court of
justice. Poth. n. 173, and n. 191. See Obligation.
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OBLIGATION
(bouvier) | OBLIGATION. In its general and most extensive sense, obligation is
synonymous with duty. In a more technical meaning, it is a tie which binds
us to pay or to do something agreeably to the laws and customs of the
country in which the obligation is made. Just. Inst. 1. 3, t. 14. The term
obligation also signifies the instrument or writing by which the contract is
witnessed. And in another sense, an obligation still subsists, although the
civil obligation is said to be a bond containing a penalty, with a condition
annexed for the payment of money, performance of covenants or the like; it
differs from a bill, which is generally without a penalty or condition,
though it may be obligatory. Co. Litt. 172. It is also defined to be a deed
whereby a man binds himself under a penalty to do a thing. Com. Dig.
Obligation, A. The word obligation, in its most technical signification, ex
vi termini, imports a sealed instrument. 2 S. & R. 502; 6 Vern. 40; 1
Blackf. 241; Harp. R. 434; 2 Porter, 19; 1 Bald. 129. See 1 Bell's Com. b.
3, p. 1, c. 1, page 293; Bouv. Inst. Index, h.t.
2. Obligations are divided into imperfect obligations, and perfect
obligations.
3. Imperfect obligations are those which are not binding on us as
between man and man, and for the non-performance of which we are accountable
to God only; such as charity or gratitude. In this sense an obligation is a
mere duty. Poth. Ob. art. Prel. n. 1.
4. A perfect obligation is one which gives a right to another to
require us to give him something or not to do something. These obligations
are either natural or moral, or they are civil.
5. A natural or moral obligation is one which cannot be enforced by
action, but which is binding on the party who makes it, in conscience and
according to natural justice. As for instance, when the action is barred by
the act of limitation, a natural obligation is extinguished. 5 Binn. 573.
Although natural obligations cannot be enforced by action, they have the
following effect: 1. No suit will lie to recover back what has been paid, or
given in compliance with a natural obligation. 1 T. R. 285; 1 Dall. 184, 2.
A natural obligation is a sufficient consideration for a new contract. 5
Binn. 33; 2 Binn. 591; Yelv. 41, a, n. 1; Cowp. 290; 2 Bl. Com. 445; 3 B. &
P. 249, n.; 2 East, 506; 3 Taunt. 311; 5 Taunt. 36; Yelv. 41, b. note; 3
Pick. 207 Chit. Contr. 10.
6. A civil obligation is one which has a binding operation in law,
vinculum juris, and which gives to the obligee the right of enforcing it in
a court of justice; in other words, it is an engagement binding on the
obligor. 12 Wheat. It:. 318, 337; 4 Wheat. R. 197.
7. Civil obligations are divided into express and implied, pure. and
conditional, primitive and secondary, principal and accessory, absolute and
alternative, determinate and indeterminate, divisible and indivisible,
single and penal, and joint and several. They are also purely personal,
purely real, and both real and mixed at the same time.
8. Express or conventional obligations are those by which the obligor
binds himself in express terms to perform his obligation.
9. An implied obligation is one which arises by operation of law; as,
for example, if I send you daily a loaf of bread, without any express
authority, and you make use of it in your family, the law raises an
obligation on your part to pay me the value of the bread.
10. A pure or simple obligation is one which is not suspended by any
condition, either because it has been contacted without condition, or,
having been contracted with one, it has been fulfilled.
11. A conditional obligation is one the execution of which is suspended
by a condition which has not been accomplished, and subject to which it has
been contracted.
12. A primitive obligation, which in one sense may also be called a
principal obligation, is one which is contracted with a design that it
should, itself, be the first fulfilled.
13. A secondary obligation is one which is contrasted, and is to be
performed, in case the primitive cannot be. For example, if I sell you my
house, I bind myself to give a title, but I find I cannot, as the title is
in another, then my secondary obligation is to pay you damages for my non-
performance of my obligation.
14. A principal obligation is one which is the most important object of
the engagement of the contracting parties.
15. An accessory obligation is one which is dependent on the principal
obligation; for example, if I sell you a house and lot of ground, the
principal obligation on my part is to make you a title for it; the accessory
obligation is to deliver you all the title papers which I have relating to
it; to take care of the estate till it is delivered to you, and the like.
16. An absolute obligation is one which gives no alternative to the
obligor, but he is bound to fulfill it according to his engagement.
17. An alternative obligation is, where a person engages to do, or to
give several things in such a manner that the payment of one will acquit him
of all; as if A agrees to give B, upon a sufficient consideration, a horse,
or one hundred dollars. Poth. Obl. Pt. 2, c. 3, art. 6, No.. 245.
18. In order to constitute an alternative obligation, it is necessary
that two or more things should be promised disjunctively; where they are
promised conjunctively, there are as many obligations as the things which
are enumerated, but where they are in the alternative, though they are all
due, there is but one obligation, which may be discharged by the payment of
any of them.
19. The choice of performing one of the obligations belongs to the
obligor, unless it is expressly agreed that all belong to the creditor.
Dougl. 14; 1 Lord Raym. 279; 4 N. S. 167. If one of the acts is prevented by
the obligee, or the act of God, the obligor is discharged from both. See 2
Evans' Poth. Ob. 52 to 54; Vin. Ab. Condition, S b; and articles
Conjunctive; Disjunctive; Election.
20. A determinate obligation, is one which has for its object a certain
thing; as an obligation to deliver a certain horse named Bucephalus. In
this case the obligation can only be discharged by delivering the identical
horse.
21. An indeterminate obligation is one where the obligor binds himself
to deliver one of a certain species; as, to deliver a horse, the delivery of
any horse will discharge the obligation.
22. A divisible obligation is one which being a unit may nevertheless be
lawfully divided with or without the consent of the parties. It is clear it
may be divided by consent, as those who made it, may modify or change it as
they please. But some obligations may be divided without the consent of the
obligor; as, where a tenant is bound to pay two hundred dollars a year rent
to his landlord, the obligation is entire, yet, if his landlord dies and
leaves two sons, each will be entitled to one hundred dollars; or if the
landlord sells one undivided half of the estate yielding the rent, the
purchaser will be entitled to receive one hundred dollars, and the seller
the other hundred. See Apportionment.
23. An indivisible obligation is one which is not susceptible of
division; as, for example, if I promise to pay you one hundred dollars, you
cannot assign one half of this to another, so as to give him a right of
action against me for his share. See Divisible.
24. A single obligation is one without any penalty; as, where I simply
promise to pay you one hundred dollars. This is called a single bill, when
it is under seal.
25. A penal obligation is one to which is attached a penal clause which
is to be enforced, if the principal obligation be not performed. In general
equity will relieve against a penalty, on the fulfillment of the principal
obligation. See Liquidated damages; Penalty.
26. A joint obligation is one by which several obligors promise to the
obligee to perform the obligation. When the obligation is only joint and the
obligors do not promise separately to fulfill their engagement they must be
all sued, if living, to compel the performance; or, if any be dead, the
survivors must all be sued. See Parties to actions.
27. A several obligation is one by which one individual, or if there be
more, several individuals bind themselves separately to perform the
engagement. In this case each obligor may be sued separately, and if one or
more be dead, their respective executors may be sued. See Parties to
actions.
28. The obligation is, purely personal when the obligor binds himself to
do a thing; as if I give my note for one thousand dollars, in that case my
person only is bound, for my property is liable for the debt only while it
belongs to me, and, if I lawfully transfer it to a third person, it is
discharged.
29. The obligation is personal in another sense, as when the obligor
binds himself to do a thing, and he provides his heirs and executors shall
not be bound; as, for example, when he promises to pay a certain sum yearly
during his life, and the payment is to cease at his death.
30. The obligation is real when real estate, and not the person, is
liable to the obligee for the performance. A familiar example will explain
this: when an estate owes an easement, as a right of way, it is the thing
and not the owner who owes the easement. Another instance occurs when a
person buys an estate which has been mortgaged, subject to the mortgage, he
is not liable for the debt, though his estate is. In these cases the owner
has an interest only because he is seised of the servient estate, or the
mortgaged premises, and he may discharge himself by abandoning or parting
with the property.
31. The obligation is both personal and real when the obligor has bound
himself, and pledged his estate for the fulfillment of his obligation.
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OBLIGATION OF CONTRACTS
(bouvier) | OBLIGATION OF CONTRACTS. By this expression, which is used in the
constitution of the United States, is meant a legal and not merely a moral
duty. 4 Wheat. 107. The obligation of contracts consists in the necessity
under which a man finds himself to, do, or to refrain from doing something.
This obligation consists generally both in foro legis and in foro
conscientice, though it does at times exist in one of these only. It is
certainly of the first, that in foro legis, which the framers of the
constitution spoke, when they prohibited the passage of any law impairing
the obligation of contract. 1 Harr. Lond. Rep. Lo. 161. See Impairing the
obligation of contracts.
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PURE OR SIMPLE OBLIGATION
(bouvier) | PURE OR SIMPLE OBLIGATION. One which is not suspended by any condition,
whether it has been contracted without any condition, or when thus
contracted, the condition has been performed. Poth. Obl. n. 176.
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SIMPLE OBLIGATION
(bouvier) | SIMPLE OBLIGATION. An unconditional obligation, one which is to be performed
without depending upon any event provided by the parties to it.
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