Signs, the concept of obligations and types of obligations

In the modern legal policy of the Russian Federation, a fairly large role is played by civil legal relations governed by the civil sector of law. It should be noted that this array of legal norms appeared at a time when scattered tribes of barbarians still traveled through the territory of modern Russia.

The ancestor of a private industry can be considered the ancient Roman lawyers. They have developed most of the legal constructions that are used to solve individual civil issues to this day. A considerable part of civil legal relations is occupied by obligations. The mechanism of their regulation has developed for several decades.

Today this sphere of the civil industry is the most interesting for study. Although it was formed at the maximum of the legal possibilities of the present Russian society, there still remained quite interesting problems in it. In addition, the obligations enter into a separate sub-sector of civil law, which allows us to distinguish the concept, grounds and types of obligations, as well as their species division.

Development of the institution of obligation in Roman law

Concept and types of obligations Were formed in Roman law. In fact, it was from obligations that Roman law was for the most part created. The foundations of this institute are laid in one of the first examples of written law: the code of laws of the XII tables. According to this source, obligations initially arose only on the basis of illegal actions. Over time, this trend has changed. Obligations have found a new source - a contract. At the same time, a new concept of obligations and types of obligations appeared.

Contractual relations began to develop actively during the Roman Empire. At this time, key theories were developed to understand the obligation relationships. Lawyers have formed the concept of property manifestation of this institution of private law. In the codified legal act, Corpus juris civilis, the obligations were presented in their classical form, which is still used today. For example, already in those days lawyers brought out two main sides in such legal relations: creditors and debtors. In addition, various types of obligations were determined on the basis of the origin of the legal fact.

Obligations: concept, types, grounds of occurrence

If based on the current legislation of the Russian Federation, namely, the provisions of Article 307 of the Civil Code of the Russian Federation, the obligations are a civil legal relationship of a specific nature, to which the debtor is a party (obliged to take any action in favor of the other party) and the creditor (takes actions by the debtor) . This kind of activity can be expressed in the provision of services, the transfer of borrowed money.

Obligatory legal relations can exist both with a material manifestation, and without it. They are, as a rule, two-sided. Each side is endowed with rights and duties, however, the characteristics and scope of competencies are completely different. This shows the difference between the legal regimes of the debtor and the creditor. The concept and types of obligations allow us to speak about the existing isolation of this institution of civil law. Some scholars often state the theory that the law of obligations is a separate industry, but such conclusions require scientific understanding.

Grounds for occurrence

The concept of obligations and types of obligations are key aspects. But also it is worth highlighting the reasons for the emergence of legal obligations. The mechanism for the emergence, more precisely the implementation of the norms of the institution, begins only with the establishment of a special legal fact. Such facts are combined in a system that is called the basis for the emergence of obligations. As a rule, these legal relations arise from unilateral transactions, contracts, facts of harm, enrichment of unjustified nature, dissemination of false information, and so on.

The list is not exhaustive. As we understand, the world does not stand still. People are constantly evolving. This leads to the emergence of completely new, non-standard legal relations, which are quite capable of becoming the basis for the emergence of obligations. An example is the ownership of the vehicle. The concept and types of transport obligations to date are very difficult to find, since they are common in many regulatory acts. As a consequence, people are simply not interested in them. Nevertheless, the concept and types of transport obligations need to be known, because with their help the institution of possession of property, in this case transport, is most fully disclosed.

Parties in legal relationships

The biggest role in the process of implementation of legal relations is assigned to the parties. Since the time of Roman private law, there has been a tendency for the existence of only two main sides:

1. A creditor is a person in relation to whom any action must be taken. Many people mistakenly believe that the creditor can only be called the party that lends money. Based on the concept of the term, we can conclude that such conclusions are erroneous. In some cases, the lender does not provide money or other valuables to the other party.
2. A debtor is a person who is obliged to perform certain actions (or refrain from selling them) in favor of the creditor on the basis of a legal fact of the occurrence of obligations.

There are no restrictions on the number of persons who can be ranked on one side or another of the obligation relations. However, here it is necessary to single out a rather interesting rule. Rights and obligations in obligations are exclusively for the parties that directly participate in them. Thus, third parties have neither rights nor obligations. Although, if we analyze the concept of obligations and types of obligations, then we can distinguish the moments when third parties still play a role in the represented legal relations.

Obligations where third parties participate

There are a number of legal relationships in which, in addition to the classical parties (the debtor and the creditor), there are also third parties. In some cases, they can indeed be parties to obligations. But in this case it should be noted that they are neither creditors nor debtors. Their subjective regime has a specific form. Such obligations include:

• Obligations in favor of third parties are a type of obligation in which the "classical" parties create the right for a third person not participating in the legal relationship. In turn, this person can realize this right personally or refuse it altogether.
• Obligations with the performance of any actions in favor of a third party. In such legal relations a third party has the right to demand fulfillment of obligations. If this right is realized, the original obligation between the debtor and the creditor will cease.
• Imposing execution of obligations on a third party. Sometimes there are situations when the creditor does not really care who fulfills this or that obligation. In this case, the debtor has the right to execute it through a third party. In other words, he can impose the fulfillment of the obligation on a third party. In most cases, the third party itself makes a decision regarding the performance or non-performance of the obligation.

Classification of the whole array of obligations

The concepts of obligations and types of obligations are those components that help to understand the essence of this institution. At the same time, the classification of the legal relationships presented gives an opportunity to understand the ways of implementing the institute in the practical field. The concept and types of civic obligations are mutually complementary concepts. All existing types of legal relations of a similar nature actually emerge from the concept presented in the Civil Code of the Russian Federation. Thus, the obligations can be divided into the following types:

1. Contractual and non-contractual. The first type of obligation arises from the actual contract or transaction, when the actions of the parties are aimed at changing, terminating and developing the legal regime. As for non-contractual obligations, they arise from various legal facts. The peculiarity of such legal relations is that they are not aimed at changing the legal regime. Among the legal facts can be listed the following: the transfer of property, the provision of services, performance of work and damage. The latter species is characterized by a mass of features, which makes it possible to separate it into a whole sub-institution, although this theory is still controversial. The concept and types of non-contractual obligations along with contractual obligations are fixed in the Civil Code of the Russian Federation. Moreover, the legislative regulations distinguish them in a separate part of the act, which allows us to speak about the specific legal regime of non-binding obligations.
2. Concept, content and types of obligations Are the main categories in this institute. Species, in turn, can be divided according to different criteria, for example, by the ratio of duties and rights of the parties. According to this classification, one can single out unilateral and reciprocal types of obligations. Unilateral obligations are characterized by relative stability, since one party has exclusive rights and the other has responsibilities. Such legal relations "live" according to the previously compiled scenario and practically do not change. Mutual obligations are characterized by the presence of both rights and obligations on both sides. This is the most complete model of legal relations between the debtor and the creditor, because they have the opportunity to regulate their legal regime on the basis of general principles of civil law and special norms. It is on the basis of mutual obligations that most of the relations of contract law are realized.
3. It is possible to single out a certain obligatory hierarchy. According to this principle, the main and secondary legal relationships exist. For a better understanding of these legal relationships, you need to provide a loan. The very body of the loan will be the main one in relation to the penalties charged for delay with payments. The debtor will have to repay the debt on the principal loan, and only then ensure the fines.
4. There is such a classification aspect as the nature of the performance of the obligation. According to him, imperative obligations are singled out, alternative and optional. All these legal relations differ between themselves in the principle of the performance of obligatory actions. For example, in imperative legal relations, it is necessary to carry out strictly defined actions. In alternative, on the contrary, there is a choice. The most specific are the optional obligations. In this form, along with the title obligation, there are additional ones, the execution of which is not necessary.

What is the security of obligations?

The concept, types and performance of obligations exist due to the developed mechanism for providing such legal relations. It should be remembered that by means of some civil-law methods, fulfillment of obligations in the future is guaranteed. The totality of such methods was called "security of obligations". In scientific terms, these are legal measures aimed at reducing the likelihood of dissatisfaction of the interests of the creditor. It is worth noting that the methods of ensuring were formed not so much on the basis of the civil legislation of the Russian Federation, as on the customs of business turnover.

It should be remembered that the civil obligation, the concept, whose types were presented earlier in the article, very often can be realized only after applying the methods of provision. This negative trend has developed in the Russian Federation, which in some cases does not allow domestic companies to enter the European market because of their bad reputation.

Separate types of security of obligations

Earlier, we pointed out that along with such categories as the concept of obligations and types of obligations, civil law also provides ways to provide them. If we analyze in detail the Civil Code, we can distinguish the following ways:

• pledge;
• deposit;
• Bail;
• Retention;
• Forfeit.

All the presented methods allow to actually ensure the future fulfillment of the obligation. For example, a penalty is presented in the form of a fine if the legal relationship is not fulfilled on time. In turn, the deposit is a method used by the debtor in the form of making preliminary funds, which in case of violation of the terms of the obligation will pass to the creditor in the form of compensation.

Bank guarantee as an independent type of collateral security

The concepts of signs and types of obligations indicate a significant development of this sub-sector. Therefore, specific methods of its provision are needed, one of which is the bank's guarantee. Bank guarantee is characterized by a specific implementation mechanism. The main feature is that the guarantor must necessarily be a bank or other credit and financial institution. It follows that not everyone can get a bank guarantee to secure their obligation. In most cases, banks do not give guarantees to unknown people.

Conclusion

So, in this article obligations have been described. The concept, species, causes of occurrence were also presented. The specific aspects of certain legal relationships and ways to secure them are disclosed.