What is the scope of Title III in the Louisiana Civil Code?
Governs every obligation, regardless of how created
Obligations can arise voluntarily (e.g., a contract) or by operation of law (e.g., tort).
Define an obligation according to the Louisiana Civil Code.
A legal relationship between two or more persons where an obligor owes a performance to an obligee
The performance or duty must be legally enforceable. [La. Civ. Code Ann. art. 1756]
What are the effects of obligations on the obligee?
- Entitled to judicial enforcement of the obligor’s duty
- Entitled to recover damages if the obligor fails to perform
[La. Civ. Code Ann. art. 1758]
What are the effects of obligations on the obligor?
Entitled to be discharged from the obligation after performance has been rendered in full
[La. Civ. Code Ann. art. 1758]
True or false: There is a duty of good faith imposed on all parties in an obligation.
TRUE
This duty is recognized in the Louisiana Civil Code. [La. Civ. Code Ann. art. 1759]
What does the abuse of right doctrine prevent?
Prevents an obligee from exercising a right with the primary intention of harming the obligor
Recognized by the Louisiana Supreme Court in Illinois Central Railroad Co. v. International Harvester.
Define a natural obligation.
Exists when there is a moral, but not a judicially enforceable, duty to render performance
The law implies a particular moral duty to render a performance. [La. Civ. Code Ann. art. 1760]
List examples of natural obligations.
- Prescribed debt
- Debt discharged in bankruptcy
- Obligation incurred by one who lacks capacity
- Null will dispositions
Additional jurisprudential examples include a stepfather’s duty to pay medical expenses and an employee’s duty to reimburse for a bad check.
What is the effect of a natural obligation on judicial action?
Not enforceable by judicial action
The obligee cannot compel performance. [La. Civ. Code Ann. art. 1761]
What happens to a performance freely rendered in compliance with a natural obligation?
Cannot be reclaimed
Performance is considered freely rendered if done without compulsion. [La. Civ. Code Ann. art. 1761]
What is a real right?
A right in a thing that is good against the world
Distinct from personal obligations.
What is a real obligation?
An obligation incurred as a result of a real right
[La. Civ. Code Ann. art. 1763]
How is a real obligation transferred?
Transferred to the person who acquires the thing without any agreement
Personal obligations cannot be transferred without agreement. [La. Civ. Code Ann. art. 1764]
What is a heritable obligation?
An obligation that can be enforced by or against the successors of the original obligors and obligees
It is also transferable. [La. Civ. Code Ann. art. 1765]
Define a strictly personal obligation.
An obligation enforceable only by the original obligee or against the original obligor
It is not heritable.
An obligation is presumed to be strictly personal for the obligor if what?
Performance requires special skill or qualification of the obligor, or if it is to perform personal services
[La. Civ. Code Ann. art. 1766]
