ABSTRACT
In the framework of private law, it is customary to distinguish two kinds of personal obligations: consensual obligations, which arise from voluntary actions of the parties concerned, and tort obligations, which arise by force of law when damages have been infl icted.1 That is, there must be a legal basis, whether mutual agreement, or the need to compensate someone for losses suffered at the hand of another, in order for a monetary obligation to exist. But this classifi cation of obligations is far from exhaustive, and meets neither society’s needs nor its expectations. For the law is intended to regulate the entire range of interpersonal relationships, and these extend beyond consensual obligations and liability for damages. And indeed, the law recognizes obligations that do not fall under either of these categories.
