20-1-1. Obligation defined. An obligation is a legal duty by which a person is bound to do or not to do a certain thing. Source: CivC 1877, §798; CL 1887, §3421; RCivC 1903, §1114; RC 1919, §721; SDC 1939, §47.0101.
20-1-2. Origin of obligations. An obligation arises either from: (1)The contract of the parties; or (2)The operation of law. Source: CivC 1877, §799; CL 1887, §3422; RCivC 1903, §1115; RC 1919, §722; SDC 1939, §47.0102.
20-1-3. Kinds of obligations arising by operation of law. An obligation arising by operation of law may be either a general legal duty imposed upon all persons indifferently by law or a legal duty affixed by operation of law to a status or relationship voluntarily assumed. Source: SDC 1939, §47.0103.
20-1-4. Joint and several obligations and rights. An obligation imposed upon several persons, or a right created in favor of several persons may be: (1)Joint; (2)Several; or (3)Joint and several. Source: CivC 1877, §801; CL 1887, §3424; RCivC 1903, §1117; RC 1919, §724; SDC 1939, §47.0104.
20-1-5. Obligations and rights presumed joint and not several. An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except in the special cases mentioned in §§53-2-4 and 53-2-5. This presumption, in the case of a right, can be overcome only by […]
20-1-6. Right of contribution on satisfaction of joint obligation. A party to a joint, or joint and several, obligation, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him. Source: CivC 1877, §803; CL 1887, §3426; RCivC 1903, §1119; RC 1919, §726; […]
