Obligations and Contracts – Real Obligations

Obligations and Contracts – Real Obligations

Art. 1763. Definition. A real obligation is a duty correlative and incidental to a real right.

Revision Comments-1984. In a case decided in 1979, Hawthorne Oil and Gas Corporation v. Continental Oil Corporation, 368 So.2d 726 (La.App. 3d Cir.1979), the court used the expression “real obligation” as referring to those obligations incurred as a result of ownership or possession of a thing burdened with a real right. This usage precisely indicates the manner in which this article defines a real obligation