Louisiana Notary

A Civil Law Tradition

Obligations and Contracts

Obligations and Contracts – Real Obligations

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Obligations and Contracts – Real Obligations

Art. 1763. Definition. A real obligation is a duty correlative and incidental to a real right.

Revision Comments-1984. In a case decided in 1979, Hawthorne Oil and Gas Corporation v. Continental Oil Corporation, 368 So.2d 726 (La.App. 3d Cir.1979), the court used the expression “real obligation” as referring to those obligations incurred as a result of ownership or possession of a thing burdened with a real right. This usage precisely indicates the manner in which this article defines a real obligation

Obligations and Contracts – Obligations

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Obligations and Contracts – Obligations

Art. 1906. Definition of contract. A contract is an agreement by two or more parties whereby obligations are created, modified, or extinguished.

Art. 1756. Obligations; definition. An obligation is a legal relationship whereby a person, called the obligor, is bound to render a performance in favor of another, called the obligee. Performance may consist of giving, doing, or not doing something.

Art. 1757. Sources of obligations. Obligations arise from contracts and other declarations of will. They also arise directly from the law, regardless of a declaration of will, in instances such as wrongful acts, the management of the affairs of another, unjust enrichment and other acts or facts.