27. CLASSIFICATION OF COMMERCIAL LIABILITIES

1. Depending on the basis for the occurrence of obligations, they are divided into:

▪ obligations from a unilateral transaction;

▪ contractual obligations that arise at the will of two or more persons and are fulfilled on the basis of a concluded agreement. Within the framework of contractual obligations, there are groups of obligations for the alienation of property, for the provision of property for use, settlement and credit, etc. Contractual obligations can be unilateral, when one party has only rights, and the other has rights and obligations (for example, an option contract, loan agreement), and bilateral (mutual), when each party has both rights and obligations (the vast majority of commercial contracts);

▪ quasi-contractual - these are obligations arising either from unjust enrichment (for example, the amount of debt was mistakenly transferred to the current account of another commercial organization) or from conducting someone else’s affairs without instructions;

▪ tortious obligations arising from damage to property, attacks on business reputation, etc.

2. By way of execution:

▪ divisible, i.e. the subject of the obligation is divisible;

▪ indivisible obligations (for example, leasing an aircraft).

3. If the debtor has the right to choose the method of proper execution:

▪ uncontested obligations;

▪ alternative obligations;

▪ optional obligations.

4. By the nature of the actions of the debtor distinguish between:

▪ positive obligations - the debtor undertakes to perform some specific action;

▪ negative obligations - the debtor undertakes not to perform the action specified in the contract within the specified period.

5. By the number of participants on one side:

▪ simple, in which one creditor and one debtor participate;

▪ complex, when several persons act on the part of the creditor and (or) debtor;

▪ a joint and several obligation with multiple persons on the debtor’s side means that the creditor has the right to demand performance both from all debtors and from any of them separately, both in full and in part of the debt. In turn, joint and several debtors remain obligated until the obligation is fully fulfilled.

▪ a joint and several claim with multiple persons on the creditor’s side means that each creditor can demand that the debtor fulfill the obligation in full or in any part. Here it is also possible to change the mechanism of the right of claim to a shared right (i.e., each creditor will be able to demand from the debtor only his part of the debt) and a joint right (i.e., creditors can only make a claim against the debtor all together).

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