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Moral, Natural and Civil Obligation
Well-crafted laws by the national legislature are the basic foundations of a civilized nation. The people, in return, are bound to comply with these laws for the
attainment of a society which is just, humane and equal.
The day to day interactions among people are primarily governed by the concept of an obligation which may be either moral, natural and civil.
Whether it is an obligation to obey your parents, or an obligation to pay your long over due debt, or even obligation to sue another in court for his interference
with your right, the concept of an obligation comes into play.
- Obligations which may or may not be founded upon our belief in our religion or those obligations rooted on the concept of human conscience
- It is basically the distinction of this obligation, however, is not the center of our discussion for it cannot be the subject of a court action and neither
can it be compelled upon a person or group of persons.
Obligation to remember to keep holy the Sabbath day (3rd Commandment of the Roman Catholics)
Obligation to refrain from celebrating birthdays (One of Jehova’s Witnesses’ beliefs)
- Are based on equity and natural law.
- Like moral obligations, natural obligations are also not susceptible of being enforced through a court action. However, if a performance is voluntary
given, without compulsion either physical or moral, by someone who is not bound to do so, he cannot later renege such performance.
A is no longer bound by law to pay his debt to B. A however, voluntarily pay his debt to B. In such case, A cannot later assail that he was wrongfully paid B
because he was no longer bound by law to do so. Consequently, A cannot ask for reimbursement of what he voluntarily paid.
- Will be the center of this whole course
- This obligation pertains to a juridical necessity to give, to do or not to do.
- It is a juridical necessity because this type of obligation, unlike moral and natural obligation, may be the subject of a court action. It also pertains to
the legal relations between two persons whereby one is bound to fulfill what he has promised which the other may demand from the former.
A contract of sale
A contract of lease
An Insurance Contract