Specificity of civil law is such thatentering into this plane of legal relations, actors sooner or later assume certain obligations. In civil law, several of their types are distinguished, the detailed consideration of which will be presented in this article. So, what is the obligation?
Characteristics and types of obligations in civil law.
The simplest definition of obligation is,that it is a special relationship in which the first party has the right, and the second - the obligation to implement it. But this concept is too simplistic. More fully, you can determine the essence of the obligation in civil law with the help of its signs.
The first feature of this relationship isproperty characteristic. It consists in the fact that the subject matter is exclusively property rights (possession, disposal, use or their symbiosis). They can stay in a dynamic state (go from one person to another), and in a statics (fixing the right).
The second feature of the obligation is that for its implementation, action is necessary - the performance of a certain act by the performing party. This can be the performance of work, payment of debt, etc.
The third feature is relativityobligations. It consists that the considered obligatory legal relationship is always directed on strictly certain persons, that actually distinguishes it from the property right where persons can and not be clearly defined, but are indicated by a vague phrase "third parties". It is worth remembering that the parties in the legal relationship can act alone as well as in the group composition. In this case, the plurality of persons is available both from both sides, and from one.
The reasons for the emergence of obligations are diverse and, depending on them, distinguish special types:
1. contractual - based on a civil law contract;
2.extra-contractual - these include those whose basis for the emergence of harm was caused. They are defined in the same way as tort obligations in civil law. The law, as a rule, clearly specifies the reason for their appearance.
Contractual obligations in civil law.
Are a larger group of obligations.This circumstance is related to the fact that civil legislation establishes a wide range of treaties, and, consequently, the rights and obligations arising from them. All contractual obligations are divided into two broad categories - the transfer of rights to the thing and the provision of services. However, other types of legal science are distinguished:
• simple and complex, depending on the number of rights and obligations assigned to the parties;
• unilateral and bilateral - in the first case, the party has only the right or duty, and in the second - the parties have both rights and obligations;
• liabilities with passive multiplicity (several debtors) or active (several creditors); and others.
Contractual obligations are multifaceted, and with the advent of a new type of contract they are transformed and expanded.
Non-contractual obligations in civil law.
Unlike the first type, this type of obligation is based on strictly defined delicts (offenses). Hence their name "tort obligations in civil law".
For this period of time and the legal doctrine, the legislation identifies two reasons for the occurrence of such obligations:
1. unreasonable enrichment;
2. causing harm.
If in the case of contractual obligationsconfirmation by state bodies is not required, then non-contractual obligations in civil law arise only when the fact of an offense is recognized by a strictly defined competent authority. This type of obligation implies the impossibility of changing persons in the legal relationship, because it is closely related to the personality of the parties. This provision distinguishes tort obligations from contractual obligations.
Having studied the presented characteristics, it can be concluded that obligation in civil law isa special legal relationship in which two parties (the debtor and the creditor) always participate, and which always arises because of the circumstances stipulated in the legislation.
