Obligation

in contracts. In its general and most extensive sense an obligation is synonymous with duty. Obligations are of three kinds: imperfect obligations, natural or moral obligations, and civil or perfect obligations. Those obligations are called imperfect, for which we are accountable to God only; and of which no person has a right to require the performance; such are the duties of ! charity and gratitude.

Poth. Oblig. Prelim. art.; 1 Bl. Com. 124.

A natural or moral obligation is one which cannot be enturced 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 still subsists, although the civil obligation is extinguished.

5 Bion. 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. 235; 1 Dall. 148. 2.

A natural obligation is a sufiicient consideration for a new contract.

5 Binn. 33; 2 Binn. 591; Yelv. 41, a, n. 1; Cowp. 290; 2 BI. 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.

Civil or perfect obligations, The term obligation, in a more proper and confmed sense, comprises only perfect obligations, which are also called personal engagements, and a which give the person with whom a they are contracted, a right to de- — mand their performance.. These obligations are divided into conven- gare tional obligations, or express contracts, and into such as are created by ern the operation of law, or implied con- ne tracts. Justinian defines an obligation to be a tie which binds us, neof the country in which we reside. Just. lib.

3, t. 14.

See Contract. The term obligation also means the instrument or writing by which the contract is witnessed. And in another sense, an obligation is said to be a bond containing a penalty with a condition annexed for the pay-. ment 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. See generally, 16 Vin. Ab. 50; 5 Bac. Ab. 154; Com. Dig. Obligation; Code of Louis. tit.

3, 4, 5; and this Dictionary, Bond; Coatract; Promise.: