Rights, duties in obligations to do
An obligation is a legal bond (vinculum iuris) by which one or more parties (obligants) are bound to act or refrain from acting. An obligation thus imposes on the obligor a duty to perform, and simultaneously creates a corresponding right to demand performance by the obligee to whom performance is to be tendered. en.wikipedia.org/wiki/Law_of_obligations.
Duties of the debtor in obligations to do:
[1] To perform the act required, or do it;
[2] To pay for the expenses of execution in case he fails to do it;
[3] To undo what has been poorly done; and
[4] To pay damages in case of breach.
Rights of the creditor in obligations to do:
[1] To have the obligation executed at the expense of the debtor; and
[2] To recover damages in case of breach.
Notice that the creditor has no remedy of specific performance in obligations to do. This is because an order by the court compelling the debtor to do something amounts to involuntary servitude. The better remedy, therefore, is to ask for damages in case of breach.
[1] To perform the act required, or do it;
[2] To pay for the expenses of execution in case he fails to do it;
[3] To undo what has been poorly done; and
[4] To pay damages in case of breach.
Rights of the creditor in obligations to do:
[1] To have the obligation executed at the expense of the debtor; and
[2] To recover damages in case of breach.
Notice that the creditor has no remedy of specific performance in obligations to do. This is because an order by the court compelling the debtor to do something amounts to involuntary servitude. The better remedy, therefore, is to ask for damages in case of breach.
