Obligation in Jurisprudence: Meaning, Sources, and Kinds

Exam Snapshot

An obligation is a legal bond ("vinculum juris") that constrains one person to perform or abstain from performing an act for another. In analytical jurisprudence, an obligation is a proprietary duty corresponding to a right in personam (a right enforceable against a specific individual).

Core Concept

Nepal Law Anchors

Confusable Terms

Feature Duty (General) Obligation (Specific)
Scope Broad; can correspond to right in rem or personam Narrow; always right in personam
Nature Can be proprietary or personal Primarily proprietary and pecuniary
Target Can be owed to the world at large Owed to a specific, identifiable individual

MCQ Traps

Example

If A borrows money from B, a contractual obligation arises. If A and C jointly take a loan under "joint and several" terms, this is a solidary obligation, meaning B can demand the entire amount from either A or C individually.

Memory Hook

"Vinculum Juris binds the chain; contract, tort, and quasi-claim." Remember V-C-T-Q (Vinculum, Contract, Tort, Quasi).

Quick Revision