52. STRUCTURE OF COMMITMENT

Commitment Structure - a set of elements included in it.

Commitment elements:

▪ subjects of obligatory legal relations;

▪ objects of obligatory legal relations;

▪ content of obligatory legal relations.

In past years, the structure of obligations also included a fourth element - the grounds for the emergence of obligations. Now it is considered separately.

Subjects of legal obligations - debtor and creditor.

Debtor - obligated party (he must perform a certain action or refrain from a certain action). His duty is called duty.

Creditor - a party authorized to require the debtor to perform a certain action or to refrain from a certain action. The creditor's right is called right of claim.

In cases where there are several entities on the side of the obligation, such an obligation is called multi-person obligation.

During the period of validity of the obligation, it is possible to replace the persons acting as parties. Changing a lender is called assignment of claim (cession), and replacing the debtor - transfer of debt. Such a replacement is an additional agreement, drawn up in the same way as the main one.

Objects of legal obligations - certain actions of the debtor (to transfer money, property, things, perform works, services) or refrain from certain actions (the object should not be confused with the subject of obligations, the latter is understood as something in relation to which actions are performed - money, things, etc.). d.).

The content of the legal relationship - the rights and obligations of the creditor and the debtor to fulfill the obligation.

The rights and obligations of the parties to an obligation are called subjective law of obligations. The exercise of the subjective right of obligation by the creditor is possible only if the debtor performs actions that constitute his obligation.

The basis for the emergence of legal obligations are legal facts or their combination (legal compositions). The types of foundations are varied:

▪ dealings unilateral, bilateral and multilateral (treaties);

▪ individual acts of state bodies and local governments, for example, a warrant for the right to move into a residential premises;

▪ harm to a citizen or legal entity - illegal actions (torts) or inaction. Obligations arising from illegal actions are called tort;

▪ unjust enrichment - acquisition of property at the expense of another person;

▪ other actions of citizens and legal entities, for example, preventing harm to the person or property of another person;

▪ events - cause the emergence of an obligation only in conjunction with other legal facts. For example, a will (unilateral transaction) gives rise to legal consequences only from the moment of death of the testator (event).

In case of non-fulfillment of obligations or their improper fulfillment, civil law sanctions are imposed.

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