Non-contractual obligations: concept, types, consequences

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Mimakte
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Joined: Sun Dec 22, 2024 3:24 am

Non-contractual obligations: concept, types, consequences

Post by Mimakte »

What are we talking about? Non-contractual obligations arise not as a result of a written agreement, but upon the occurrence of certain circumstances, situations. As a rule, these are illegal legal actions.

What to consider? The obligations in question arise for two reasons: due to damage and due to unjust enrichment. In both cases, administrative liability is provided.



The article explains:

The concept of non-contractual obligations
The main differences between non-contractual obligations and contractual ones
The concept and types of mexico number for whatsapp non-contractual tortious obligations
Non-contractual obligations arising from unjust enrichment
Frequently asked questions about non-contractual obligations

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The concept of non-contractual obligations
Non-contractual obligations are obligations that are the result not of an agreement between the parties, but of their actions or other factors. They are regulated in accordance with civil law.

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In the case of such phenomena, the parties do not have to enter into an agreement between themselves. For non-contractual obligations to arise, it is necessary for one party to perform certain actions or for certain circumstances to arise.

A typical example of non-contractual obligations is a situation where damage has been caused that requires compensation, as well as when one party derives benefit from the violation of the rights of another and must compensate it for the losses incurred.

Failure to fulfil non-contractual obligations may result in the application of established measures against the offender, such as fines and compensation, and, in addition, serves as grounds for the filing of a claim by the injured party.

The concept of non-contractual obligations

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The law allows the parties to defend their rights in the event of non-contractual obligations. For this purpose, one can go to court or resort to compromise options for conflict resolution: from arbitration to bilateral discussion.

Protective non-contractual obligations arise as a result of the implementation of legally described actions that are usually classified as offenses.

Types of non-contractual obligations in civil law:

from causing harm (tortious obligations);

from unjust enrichment.

Both contractual and non-contractual obligations are formed between the debtor and the creditor. The first is obliged to perform (or not perform) certain actions, and the second has the right to demand that the debtor fulfill his obligations. Basically, these obligations are related to compensation for material damage to the victim.
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