- Characteristics of the law
- 1. Regulations
- 2. Bilateralism
- 3. Justice
- 4. Credibility
- 5. System
- 6. Retention of inviolability
- Types of obligation
- - Moral obligation
- - Legal obligation
- References
The law is a set of normative systems created to regulate human behavior within society, which may be permanent and mandatory, to guarantee solutions to conflicts that occur during social coexistence.
There are two types of law. First, objective law, which has mandatory laws and regulations. On the other hand, subjective right, the set of powers that a person has to assert their rights.
The obligation is a bond of law, through which two or more people agree to comply with an agreement established by law or by a regulation .
An obligation is present where a person called a debtor, becomes an obligated or directly subject to another, called a creditor, to fulfill or develop certain activities.
Characteristics of the law
The law presents a variety of fundamental elements and norms that make up the following characteristics:
1. Regulations
The law is constituted by norms, its role is to maintain what is considered fair within the framework of the mandatory rules of conduct.
2. Bilateralism
The rules that make up the law require the interaction of two or more individuals, one is the source of the legal rules and the other person who must comply above the impulses of his will.
Bilaterality is evident by the need for the right to require the interactivity of two or more people.
3. Justice
It is important to note that all legal norms must have justice, as something essential in human relations.
4. Credibility
It consists of having the possibility of protecting the right, in order to obtain what is necessary in the execution of a publicly pre-established conduct.
It is a requirement that is carried out even if the rule is not fulfilled spontaneously by the obligor.
5. System
The law is systematically organized by levels of norms and relationships that laws have in case of conflicts. This system is called as legal order.
6. Retention of inviolability
The rules of law require inviolability through sanctions, to prevent rights from being constantly violated.
Types of obligation
- Moral obligation
The moral obligation is made up of two subjects between which legal ties are established.
Active subject
It is the creditor who has the right to demand the fulfillment of an obligation.
Passive subject
It is the debtor who agrees to meet the agreed benefits (debts).
To obtain an obligation, the subject must have legal capacity. For the debtor there is an obligation and for the creditor there is a right to speak.
- Legal obligation
It is the object of the obligation that consists of doing, not doing and giving something. It is the provision that the debtor must fulfill in favor of the creditor.
Obligation to do and give
They are intended to deliver one thing. The debtor must make a provision, furniture or property in favor of the creditor, in order to commit through a legal power.
Obligation not to do
It is negative in nature, when the individual breaches the obligation. In this case, it cannot be forcibly executed by the creditor if he does not have the legal power to force the debtor to comply.
This case is called a natural obligation. They are those that are executed spontaneously with a guarantee of only words, without any type of law or legal power.
References
- (nd). Law - Wikipedia, the free encyclopedia. Recovered on September 11, 2017 from wikipedia.org
- (nd). Obligation - Legal Encyclopedia. » encyclopedia-juridica.biz14.com Accessed on 11 September 2017.
- (nd). Definition of Obligation »Concept in Definition ABC. com Was consulted on September 11… 2017.
- (nd). The 10 Rights and Obligations of the Main Citizens as consulted on September 12… 2017.