BO. Bouv. Inst
Categories: Contracts
Definition (1910 Edition)
no. 702. The words “primary” and “direct,” contrasted with “secondary,” when spoken with reference to an obligation, refer to the remedy provided by law for enforcing the obligation, rather than to the character and limits of the obligation itself. Kilton v. Providence Tool Co., 22 R. I. 603, 48 Atl. 1089.—Principal obligation. That obligation which arises from the principal object of the engagement which has been contracted. between the parties. Poth. Obl. no. 182. QGne to which is appended an accessory or subsidiary obligation—Pure obligation. One which is not suspended by any condition, whether it has been contracted without any condition, or, when thus contracted, the condition has been accomplished. Poth. Obl. no, 176.— Real obligation. In the civil law and in Louisiana. An obligation attached to immovable property, that is, real estate. Civ. Code La. 900, art. 2010.—Simple obligation. In the civil law. An obligation which does not depend for its execution upon any event provided for by the parties, or which is not agreed to become void on the happening of any such event. Civ.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.