Civil law. Parts I, III and IV. Concept of commitment (most important)

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Civil law. Parts I, III and IV. Concept of commitment (most important)

Lecture notes, cheat sheets

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51. CONCEPT OF OBLIGATION

There are two definitions of the concept of "obligation": legal and doctrinal. Consider legal definition concept of obligation.

Commitment - a civil legal relationship, by virtue of which one person (the debtor) is obliged to perform a certain action in favor of another person (the creditor) or refrain from a certain action, and the creditor has the right to demand from the debtor the performance of his obligation.

Relations between the debtor and the creditor are regulated by the law of obligations. This is the most common and diverse type of civil legal relations.

Features of legal obligations:

▪ legal obligations formalize the process of commodity exchange, therefore they are relations of economic turnover. For example, under a purchase and sale agreement, the item of purchase and sale moves from the seller to the buyer, under a construction contract, the result of the contractor’s activities passes to the customer, etc.;

▪ obligation legal relations relate to property legal relations;

▪ obligatory legal relations can be aimed at organizing the exchange of goods, i.e., at creating conditions for the transfer of property benefits in the future (for example, a preliminary gift agreement);

▪ obligatory legal relations are a relative legal relationship: there are specific participants in it who are obliged to certain behavior pursuing a property interest (as opposed to an absolute relationship in which an authorized person opposes an indefinite number of persons, for example, in legal relations of property, operational management, copyright);

▪ obligatory legal relations are closely related to the legal relations of property: the exercise by the owner of the power of disposal (for example, the sale of a thing) leads to the emergence of an obligatory legal relationship (for example, when selling a thing, the seller has an obligation to transfer it to the buyer, and the latter has an obligation to pay money to the seller), and the sale Some obligations are aimed at the emergence of property rights (for example, in contracts of sale, donation, supply). The second definition, being doctrinal, complements the legal definition, since it reflects the meaning of the obligation in civil trade.

Commitment - this is a relative legal relationship that mediates the movement of material goods, in which one person (debtor), at the request of another person (creditor), is obliged to take an action to provide him with material goods.

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