Which term denotes the debtor who has the duty to give, to do, or not to do?

Which term denotes the debtor who has the duty to give, to do, or not to do?

• A. ACTIVE SUBJECT (creditor/obligee) - whose obligation is constituted
• B. PASSIVE SUBJECT (debtor/obligor) - has duty to give, to do or not to do
• C. OBJECT/PRESTATION - subject matter
• D. JURIDICAL/LEGAL TIE (vinculum/efficient cause) - reason

Answer: (B)

In obligations, the party who bears the duty to give, to do, or not to do is the debtor or obligor, referred to as the passive subject. This term distinguishes the bound party from the creditor, who has the right to demand performance. The active subject is the one who has the claim (creditor/obligee), while the object or prestation is the thing or act to be done or given. The juridical tie, or vinculum, is the legal bond that links these duties to the parties. So the debtor, who must fulfill the obligation—whether by giving something, performing an act, or refraining from something—is accurately described as the passive subject.

In obligations, the party who bears the duty to give, to do, or not to do is the debtor or obligor, referred to as the passive subject. This term distinguishes the bound party from the creditor, who has the right to demand performance. The active subject is the one who has the claim (creditor/obligee), while the object or prestation is the thing or act to be done or given. The juridical tie, or vinculum, is the legal bond that links these duties to the parties. So the debtor, who must fulfill the obligation—whether by giving something, performing an act, or refraining from something—is accurately described as the passive subject.