An obligation is a legal duty, by which one person is bound to do or not to do a certain thing, and arises from either of the following:
§ 26.Obligation defined
Preliminary Provisions · Last amended 2018 · Last verified July 28, 2026
In one sentenceSection 26 defines an “obligation” as a legal duty to do or not do something, arising from either contract or operation of law.
Full Text of § 26
Plain-English Summary
Section 26 defines the first of the two sources Section 25 identified.
An obligation is a legal duty binding one person to act, or to refrain from acting, in a particular way. It can come from a contract the parties made themselves, or it can arise by operation of law regardless of any agreement.
Frequently Asked Questions
What is an “obligation” under the Code of Civil Procedure?
Section 26 defines it as a legal duty to do or not do a certain thing, arising from contract or from operation of law.
Can an obligation exist without a contract?
Yes. Section 26 recognizes obligations arising by operation of law as well as those arising from contract.
Amendment History
Enacted 1872. Amended Code Amdts 1873–74 ch 383 § 4; Stats 2017 ch 561 § 21 (AB 1516), effective January 1, 2018.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: definition of obligation California civil procedureCCP section 26