TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

natural duty [1 record]

Record 1 2015-05-28

English

Subject field(s)
  • Legal System
  • Law of Contracts (common law)
  • Law of Obligations (civil law)
DEF

A moral duty that is not enforceable by judicial action.

CONT

Natural obligations are recognized in civil-law jurisdictions. While they are not enforceable by judicial action, something that has been performed under a natural obligation may not be reclaimed.

OBS

A term sometimes applied to obligations said to arise from the law of nature only or from natural justice and equity, such as the obligations between parents and children. The term is sometimes applied also to obligations binding morally but, for technical legal reasons, such as defective formalities, not legally enforceable, though having some effect, such as barring a claim for repayment of a debt due but not enforceable.

French

Domaine(s)
  • Théorie du droit
  • Droit des contrats (common law)
  • Droit des obligations (droit civil)
DEF

Obligation qui résulte d'un pouvoir moral ou de conscience et qui n'est pas, selon la loi, susceptible d'exécution forcée.

Spanish

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