Table of contents (expand)
- The concept and principles of civil law. Subject and method of regulation
- Civil legislation and sources of civil law. Analogy of law, analogy of law
- Civil legal relations: concepts and types
- Legal capacity and capacity of a citizen. Restriction of legal capacity and recognition of a citizen as incompetent. Guardianship and trusteeship
- Location. Recognition of a citizen as missing and declaration of a citizen as dead
- The concept of a legal entity. Creation and termination of legal entities
- Classification of legal entities
- The concept and forms of business partnerships and companies
- Limited Liability and Additional Liability Companies
- The concept and types of joint-stock companies
- production cooperatives. Liquidation of production cooperatives
- Consumer cooperatives
- The procedure for writing off funds and satisfying creditors' claims upon liquidation of a legal entity
- State and municipal unitary enterprises
- Nonprofits
- Branches and representative offices of legal entities
- Objects of civil legal relations
- Money and securities as objects of civil rights. Types of securities
- Results of creative activity. information. Works. Services
- Intangible assets and their protection
- Concept, types and forms of transactions
- Conditions for the validity of transactions. Invalid transactions and their types
- Representation: concept and types. Power of attorney
- Terms: concept, calculus and types
- Limitation period: concept and types. The running of the statute of limitations
- Grounds for the emergence, change and termination of civil rights and obligations
- Protection of civil rights: concept, methods
- Property rights: concept, forms, types. Contents of property rights. Purchase methods. Termination of ownership
- Ownership of citizens and legal entities
- The right of state and municipal property
- Common property right: concept and types
- Real rights to land: concept and types. Real rights to own and use other people's land plots. easement
- Ways to protect the right of ownership and other property rights. Vindication and negator claims
- Contract: concept, content, types
- The procedure for concluding, amending and terminating the contract
- Obligations: concept, content, types and grounds for occurrence
- Fulfillment of obligations: concept, principles, parties, types
- Penalty and retention as ways to ensure the fulfillment of obligations
- Pledge as a way to secure an obligation
- Bank guarantee and guarantee as ways to ensure the fulfillment of obligations
- Civil liability: concept, forms, types
- Change and termination of obligations: concept, grounds, methods
36. OBLIGATIONS: CONCEPT, CONTENT, TYPES AND GROUNDS
Subject of the law of obligations - relations that develop in the process of economic turnover.
Commitment is a legal relationship that is governed by property law, by virtue of which one person is obliged to perform a certain action in favor of another person: transfer property, perform work, pay money, etc. - or refrain from a certain action, and the creditor has the right to demand performance from the debtor his duties. There are two parties involved in the obligation - the authorized and the obligated. The authorized party is vested with the right to require the obligated party to perform certain actions. The obligated party must perform certain actions in favor of the entitled party.
Eligible Party is called the creditor, and the subjective right belonging to it is called the right of claim. The creditor is an active party to the obligation.
obligated party is called a debtor, and the obligation lying on it is called a debt. The debtor is recognized as a passive party. He performs his actions at the request of the creditor, subject to the right of the creditor. The legal content of the obligation relationship is the creditor's right to claim and the debtor's debt.
Obligation object - actions of the debtor. On the grounds of occurrence, all obligations are divided into contractual (arising on the basis of an agreement) and non-contractual (other legal facts serve as the basis).
Contractual obligations are divided into obligations by:
1) sale of property;
2) provision of property for use;
3) performance of work and provision of services;
4) insurance;
5) on joint activities;
6) settlements and lending;
7) mixed obligations.
Non-contractual obligations are divided on obligations from unilateral transactions and protective obligations. Also obligations are divided into:
1) simple - they have only one right and obligation, and complex - there are several rights and obligations);
2) one-subject obligations - the debtor is obliged to transfer a certain object, alternative - the debtor must transfer an object of his choice from several, and facultative obligations - the debtor is obliged to perform certain actions, and if it is impossible to perform such actions, he is given the opportunity to perform other actions;
3) obligations related and not related to the person of the debtor or the person of the creditor;
4) main and additional obligations.
Legal facts, on the basis of which obligations arise, are usually called the grounds for the emergence of obligations. Most common grounds for liability - contract (purchase and sale, exchange, etc.). One-sided transactions (forgiveness of debt, gift and other transactions that do not contradict the law) can also serve as the basis for the emergence of obligations.
In addition to contracts, obligations relations can arise from acts of state authorities and local authorities (the content of the obligation arising from such an act is determined by this act itself), illegal actions (torts) and tort obligations arising on their basis, as well as events.
Author: Stepanova O.N.
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