Divisible Obligation

One which, being a unit, may nevertheless be lawfully divided with or without the consent of the parties. Express or Conventional Obligations. Those by which the obligor binds himself in express terms to perform his obligation.

Imperfect Obligations

Those which are not binding on us as between man and man, and for the nonperformance of which we are accountable to God only, such as charity or gratitude. In this sense, an obligation is a mere duty.

Poth. Obi. art. prel. note 1.

Implied Obligation

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.

Indeterminate Obligation

One where the obligor binds himself to deliver one of a certain species; as, to deliver a horse, where the delivery of any horse will discharge the obligation.

Indivisible Obligation

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." Joint Obligation. 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." Natural or Moral Obligation. 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 still subsists, although the civil obligation is extinguished.

5 Bin. (Pa.) 573.

Although natural obligations cannot be enforced by action, they have the following effect: First, no suit will lie to recover back what has been paid or given in compliance with a natural obligation (1 tion for a new contract (2 Bin. [Pa.] 591; 5 Bin. [Pa.] 36; Yelv. 41a, note 1; Cowp. 290; 2 Bl. Comm. 445; 3 Bos. & P. 249, note; 2 East, 506; 3 Taunt. 311; 5 Taunt. 36; 3 Pick. [Mass.] 207; Chit. Cont. 10). See "Consideration." Penal Obligation. One to which Is attached a penal clause, which is to be enforced if the principal obligation be not perfdrmed. See "Damages." Perfect Obligation. 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.

Personal Obligation

One by which the obligor binds himself to perform an act, without directly binding his property for its performance. It also denotes an obligation in which the obligor binds himself only, not including his heirs or representatives.

Primitive Obligation

This 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.

Principal Obligation

One which is the most important object of the engagement of the contracting parties. Pure (or Simple) Obligation. One which is not suspended by any condition, either because it has been contracted without condition, or, having been contracted with one, it has been fulfilled.

Real Obligation

One by which 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. The obligation is both personal and real when the obligor has bound himself and pledged his estate for the fulfillment of his obligations.

Secondary Obligation

One which is contracted 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 if I find I cannot, as the title is in another, then my secondary obligation is to pay you damages for my nonperformance of my obligation.

Several Obligation

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 Single Obligation, 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.