Meaning of Obligation
What is the Obligation:
Obligation is known as the moral requirement that free will must be governed. The word obligation is of Latin origin obligatory.
There are intrinsic obligations, which comes from the man himself, for example: it is an obligation of students to apply to pass the year or the individual must stop at a zebra crossing, among others.
See also Will.
However, there are obligations that are imposed by a civil or religious authority, in this sense it can be said that a bond is created that subjects the individual to do or refrain from doing something, such as: citizens must respect the signs transit, otherwise, they will be fined, tax payments. In the case of religion, Jews cannot eat pork, Catholics must respect the ten commandments required by God, and so on.
When there is an obligation to do something, this implies the responsibility of the person to fulfill a certain task and the commitment to fulfill it.
On the other hand, the term obligation refers to the bearer title with a fixed interest, which represents a sum loaned or payable to the person or entity that issued it. The bearer title can be a check, payment order, bonds, among others.
In case of breach of an obligation, it can be said that the debtor is in default and, therefore, the creditor can demand: the payment of damages caused by the delay in the performance of the service and, the payment of default interest.
According to the law, the legal or civil obligation is a legal relationship, in which a party called the “debtor” is committed to the other party, known as the “creditor”, to the fulfillment of a benefit.
In consideration of the above, the legal obligation is composed of three elements:
- The subjects, known as the debtor and creditor, and sometimes there is more than one individual for each party.
- The object is the provision that the debtor must comply with and must be analyzed with the conduct that the individual must take (give, do, or not do).
- The content expresses the relationship that exists between the creditor and debtor, by virtue of the debit and guarantee that exist between them.
At this point, there are also natural obligations, they are characterized by lacking coercion and, once fulfilled, cannot be enforceable, that is, they are not protected by the legal system, it is what is known as: payment by mistake.
The tax obligation is the legal bond that exists between the creditor (the State) and the tax debtor, either natural or legal person, in order to comply with the tax provision. In case of non-compliance by the debtor, the State can establish sanctions such as: the payment of a fine, commercial disqualification and even imprisonment as stipulated by law.
Some tax obligations are: payment of VAT, payment of income tax, payment of social security, among others.