Obligations law - the basis for the functioning of civil turnover

Among the sub-sectors of civil law, a special place is occupied by a liability law. This situation is ensured by the fact that it is the obligations that underlie the civil turnover.

Concept of the law of obligations

In order to disclose the concept of this sub-sector of civil law, it is necessary to define directly the very word "commitment". Thus, since the time of classical Roman jurisprudential science, it was understood as the attitude by virtue of which the debtor is obliged to perform certain actions in favor of the creditor or refrain from such actions. It follows that:

- an obligation is always a relationship between at least two persons;

- the subject of the relationship must always be individually defined;

- the debtor is obliged either to act or not to act in favor of the creditor.

These three features are important in determining what the law of obligations is, namely: a set of rules governing relations regarding the performance by one person of the assumed specific obligations to another person.

The sub-sector under consideration has special characteristics that distinguish it from a number of others. So, the obligation law:

- always mediates the transition of things within the civil turnover;

- represents the process of transfer of proprietary rights between entities;

- regulates not only the movement of goods, but also the provision of services, as well as the performance of work;

- uses only mechanisms of dispositive regulation;

- is based not only on legislation, but also on normal norms.

All this allows us to derive a different concept of the obligation law, namely: it is a set of private-law, dispositive norms aimed at regulating economic turnover.

In order to be convinced of the correctness of this definition, one should only consider the system of this branch of law.

The system of the law of obligations

Large amounts of legislative acts are devoted to commitments in most civilian countries of the world. So, and in the Russian legislation the civil code gives considerable attention to such sub-sector, as a liability law.

The whole set of norms in it can be divided into 2 categories - general and special, which distinguishes this type of law from the others, involving in its structure and special part.

The system of liability law is based on the main part. This category falls under the rules that govern the main points associated with the obligations, namely:

- legal definition and cases of occurrence of the obligation;

- rules for the appearance, modification and termination of such;

- general provisions on subjects and objects of obligations;

- ways of fulfilling obligations ;

- general provisions on contracts.

All of the above five standards are mandatory for disclosure, because The definitions embedded in them entail a more precise, gap-free regulation of institutions that make up a special part.

And to the last it is necessary to carry:

- Obligations arising on the basis of contracts;

- non-contractual obligations.

The first group is traditionally referred to all the contracts associated with the movement of things for temporary or permanent use, and contracts aimed at providing services or performing work. It is also worth mentioning here the category of obligations arising in the process of using intellectual property rights.

The second group as a whole is a motivating part of tort obligations and obligations from unreasonable enrichment.

The system presented above gives a clear idea that the law of obligations is one of the most important sub-sectors of civil law that serves civil turnover and is a powerful legal aid for the development of the economy.