The specifics of civil law is such that entities entering this plane of legal relations sooner or later take on certain obligations. In civil law there are several types of them, a detailed consideration of which will be presented in this article. So what is a commitment?
Characteristic features and types of obligations in civil law .
The simplest definition of an obligation states that it is a special legal relationship in which the first party has the right and the second is the obligation to fulfill it. But this concept is too simplified. More fully, you can determine the nature of the obligation in civil law using its features.
The first feature of this relationship is the property characteristic. It consists in the fact that the subject matter is exclusively property rights (possession, disposal, use or their symbiosis). They can be both in a dynamic state (moving from one person to another) and in static (fixing rights).
The second feature of the obligation is that for its implementation an action is necessary - the fulfillment of a certain act by the executing party. This may be the performance of work, repayment of debt, etc.
The third feature is the relativity of the obligation. It consists in the fact that the considered legal relationship is always aimed at strictly defined persons, which actually distinguishes it from the right of ownership, where persons may not be clearly defined, but are indicated by the vague phrase “third parties”. It is worth remembering that the parties to the obligation relationship can act both individually and in group composition. Moreover, a plurality of persons is available both from both sides, and from one.
The reasons for the occurrence of obligations are diverse and, depending on them, distinguish special types:
1. contractual - based on a civil law contract;
2. non-contractual - these include those whose basis for the occurrence of which was harm. They are defined in the same way as tort obligations in civil law. The legislation, as a rule, clearly stipulates the reason for their occurrence.
Contractual obligations in civil law .
They are a larger group of obligations. This circumstance is connected with the fact that civil law establishes a wide range of contracts, and, therefore, the rights and obligations arising from them. All contractual obligations are divided into two broad categories - the transfer of rights to a thing and the provision of services. However, other types of science are distinguished by legal science:
• simple and complex - depending on the number of rights and obligations assigned to the parties;
• unilateral and bilateral - in the first case, the party has only the right or obligation, and in the second - the parties have both rights and obligations;
• obligations with passive plurality (several debtors) or active (several creditors); and others.
Contractual obligations are multifaceted, and with the advent of a new type of contract, they are transformed and expanded.
Non-contractual obligations in civil law .
Unlike the first type, this type of obligation is based on strictly defined tort (offenses). Hence their name “tort obligations in civil law”.
For a given period of time and legal doctrine, legislation there are two reasons for the occurrence of such obligations:
1. unjustified enrichment;
2. causing harm.
If in the case of contractual obligations their confirmation by state bodies is not required, then non-contractual obligations in civil law arise only when the fact of an offense is recognized by a strictly defined competent authority. This type of obligation implies the impossibility of a change of persons in the legal relationship, because it is closely related to the personality of the parties. This provision distinguishes tort obligations from contractual obligations.
Having examined the characteristics presented, we can conclude that the obligation in civil law is a special legal relationship in which 2 parties always participate (debtor and creditor) and which always arises due to circumstances stipulated by law .