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Legal Definitions - determinate obligation

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Definition of determinate obligation

A determinate obligation refers to a legal duty or responsibility where the specific performance or object of the obligation is clearly and precisely defined. This means there is no ambiguity about what must be done, delivered, or achieved, making the terms of the duty fixed and certain.

  • Example 1: Specific Goods in a Sale
    A car dealership enters into a contract to sell a customer a 2024 silver sedan, make and model X, with vehicle identification number (VIN) ABC123456789, for a price of $35,000.
    This is a determinate obligation because the exact item to be delivered—the specific car identified by its make, model, color, and unique VIN—is unequivocally specified. There is no doubt about which particular vehicle the dealership is obligated to provide.

  • Example 2: Defined Service in a Contract
    A homeowner hires a painting company under a contract that specifies the company must paint the entire exterior of the house located at 456 Oak Avenue, using 'Forest Green' colored paint, applying two coats.
    The obligation here is determinate because the service is precisely defined: the specific house to be painted, the exact color of paint to be used, and the number of coats required are all clearly stated. This leaves no room for the painter to choose a different house, color, or level of effort.

  • Example 3: Fixed Financial Repayment Terms
    A bank provides a loan agreement stating that the borrower must repay a principal amount of $10,000, plus 5% interest annually, in 60 equal monthly installments of $188.71, due on the 15th of each month.
    This obligation is determinate because all crucial aspects of the repayment—the exact principal amount, interest rate, number of installments, precise monthly payment amount, and specific due date—are explicitly fixed and certain. The borrower knows exactly what, when, and how much they must pay.

Simple Definition

A determinate obligation is a legal duty where the specific object or service to be delivered is clearly identified and agreed upon from the beginning of the agreement. This means there is no ambiguity about what is owed by the obligor.

The law is a jealous mistress, and requires a long and constant courtship.

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