Title 20 — PERSONAL RIGHTS AND OBLIGATIONS
17 chapters · 256 sections in this title.
SDCL § 20-1-1 Obligation defined
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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.
SDCL § 20-1-2 Origin of obligations
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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.
SDCL § 20-1-3 Kinds of obligations arising by operation of law
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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.
SDCL § 20-1-4 Joint and several obligations and rights
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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.
SDCL § 20-1-5 Obligations and rights presumed joint and not several
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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
SDCL § 20-1-6 Right of contribution on satisfaction of joint obligation
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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; SDC 1939…