Difference Between A Stripper And An Escort

NATURAL OBLIGATIONS

Art 1470 . Obligations are civil or merely natural.

Civil are those who are entitled to demand compliance.

Natural which confer no right to demand compliance, but they met, allowed to retain what has been given or paid under them.

These include:

1. Those undertaken by people who have enough trial and discernment, are, however, unable to be bound under laws, such as young adults;

2. Civil obligations extinguished by prescription;

3. The acts that come from missing the formalities required by law to produce civil effects, such as paying a legacy, imposed by a will that was granted in due form;

4. Those that have not been recognized on trial for lack of evidence.

can not be ordered for restitution in respect of these four kinds of obligations, it is necessary that the payment was made voluntarily by having the freedom to administer their property.

1470 N ° 1 Obligations for the shortest adult.

presented the problem that occurred with the absolutely incompetent, and was and it is obvious that their actions do not produce or even natural obligations (1447 inciso.2).

Regarding the ban declared sink, not applied or applied precisely for lack of sufficient opinion and insight is that Ban has been declared (Alessandri). Claro Solar believes that should be committed. According to Meza Barros, if the obligation is null but is ratified or validated by the statute of limitations for rescission, the obligation of civil becomes natural. I think that's a mistake: the natural obligation for this item only if it is declared invalid. So Alessandri believes that invalidity based on no effect except by virtue of a final sentence (1684 and 1687). Before the civil obligation. And declare invalid the act can not longer be valid by ratification. But Claro Solar believes that the obligation is natural since the existence of the defect that makes it voidable, although not judicially declared invalid. The ruling in no way affect the natural character of the obligation because it would not be rejected than by action against the naturally bound (Article 1471 provides that the court ruling that rejected the action brought against the required course, does not extinguish the obligation natural). Nor does it require anything other than the vice Article 2375.

1470 N ° 3 obligations that come from absolutely zero acts .

not only for lack of formalities, but the absence of any condition or existence of any defect which the law punishes the absolute nullity. For these obligations, Meza Barros believes it is not necessary a declaration of invalidity for the naturalness of the obligation exists and therefore if the debtor pays the amount paid can not repeat requesting the nullification of the obligation. There is case law in this regard, but I do not agree with that approach ever since prosper replevin action resulting from an act is absolutely null. What must be applied here is only the rule in 1468, which states that may not repeat what has been given or paid by an unlawful purpose or knowingly. A contrario, it is obvious that you can repeat the given or paid under a void act (unless there is a declaration of invalidity). The question arises whether perhaps this item number 1470 refers to acts of any kind or only unilateral, as the example stands. In my view it is obvious that should apply to all legal acts.

1470 N ° 2 civil obligations prescribed .

rather than prescribing a way to extinguish obligations is a way to extinguish shares. It is called, also, the third paragraph of Title 42 of Book IV.

Is it required judicial declaration? Yes, because by the mere passage of time the debtor acquires the peremptory exception of prescription, but if not preclude or waive it, expressly or impliedly (2494), no prescription and the judge must accept the action. Although it might lead to believe otherwise article 2514 establishes that the requirement to operate only required over time.

1470 N ° 4 obligations that have not been recognized in court for lack of evidence.

; only lack in the aspect of the test.

Some believe that there are also natural obligation in other cases where the law does not allow the repetition, as with the betrothal fine (99). Most believe that AAUI no natural obligation but only a fine. And there's no natural obligation because the betrothal "no effect in civil law", ie do not generate

obligations may be novadas or guarantee.

Another case often cited as a natural obligation is Article 1468, but in reality there is no such, because it is a sanction whose foundation is just the inverse of the natural obligations. In this case it is not to validate compliance with a moral if not to punish the fraud. A similar situation is Article 2208: "If interest has been paid, although not specified, may not be repeated and charged to capital" and Article 15 of Law 18,010, but there is no requirement for there can be natural in this case, novation or bond. If any, between the parties would have a convention and it happens that the standard is set just in case there is no provision.

But the case of the article. 2260 if it seems a natural requirement: "The game and the bet can not produce action, but only exception. He who pays can not demand payment ..."

EFFECTS OF NATURAL OBLIGATIONS

authorized to retain the payment, because the performance of a natural obligation is not an act of donation but a payment. Hence the provisions of Articles 2296 ("no it may repeat what has been paid to satisfy a purely natural obligation listed in the article. 1470) and 2297 ("It may even repeat what has been paid by mistake of law, if payment was not even founded a purely natural").

But this effect occurs only if payment is made no error of fact by the able to pay. (Article 1470 final paragraph: "That can not be ordered restitution in respect of these four kinds of obligations, it is necessary that the payment was made voluntarily by having the freedom to administer their assets ").

The natural requirement is sufficient cause for payment of a renewal may be a natural obligation and replaced by a civilian, and vice versa : Article 1630: "To be valid the conversion is necessary for both the original obligation as the contract for novation to be valid, at least naturally." After all, innovation is merely a form of payment.

natural obligations can not be compensated, at least not may be subject to legal redress, but conventional. (Article 1656 No. 3 requires "both (debts) are currently required.")

natural obligations can be liens. Articles 1472 "The bonds, mortgages, liens and criminal clauses constituted by third parties for the safety of these obligations will be worth." Article 2338: "The obligation bond may be accessed by the civil or natural."

However, natural obligations, the guarantor does not enjoy the benefit of reimbursement or excursion. (Article 2358). (Article 2375: "The shares granted by the article. 2370 will not occur in the following cases: 1 When the principal debtor's obligation is purely natural, and not a validated for ratification or for a period of time ...").

happens cautioned third party respects a natural obligation? In this case, the 1470 No. 1, the requirement for them is civil, then the invalidity affects only the debtor helpless and can only claim invalid. In the case of 1470 N º 3, however, the party if the absolute invalidity could therefore have an interest (1683), ie it is also natural for the obligation.

In the case of the article. 1470 N º 2 and 4, the security matter a waiver of prescription (2518) and any test case. Therefore, the third could not invoke the respective exception.

f) 1471. The ruling rejects action against naturally ends the duty bound not natural.