The need to identify certainvarieties of obligation relations is not due to purely scientific requirements. Lawyers tend to believe that types of obligations are of practical interest, aimed at clear interpretation and effective protection of the rights of subjects of private law relations. Therefore, one should carefully study their varieties.
Types of obligations provided by civil law
For this period of time, civillegislation divides all obligations into two broad categories - protective and regulatory. Regarding the first, we can say that they are designed to provide legal support for all the obligations, in respect of which the parties behave in accordance with the current legislation.
But the protective are aimed at warningand / or suppression of the activities of the parties evading or directly refusing to perform their duties in private law relations. In this case, the provision of obligations is directly related to the involvement of state bodies. This is the first division provided by regulatory enactments.
The second classification also distinguishes two types -non-contractual and contractual. In this case, the selection is based on the active will of the parties. Denotes this fact that in order for a contractual obligation to arise, it is necessary not only the existence of a legal norm, but also the consent of the parties to its use. With regard to non-contractual obligations, the active will of the parties is not needed, the legal fact, which is provided for by law, is a tort, as, for example, unjustified enrichment. However, again, both types can be replaced with those already presented: protective ones are associated with non-contractual obligations, and regulatory ones - with contractual obligations. It should be noted that it was for contractual obligations that the science of civil law developed the Institute for "Ensuring Obligations", which included mainly non-state means of preventing their violation.
The third classification divides the obligations by the number of parties:
- unilateral - in which only one party is obliged to fulfill the promised actions by its will;
- bilateral or multilateral - in which the parties express their approval of transactions carried out with respect to each other.
The fourth division is based on the principle of distinguishing the subject of the obligation:
- the main obligation - the debtor is obliged to execute clearly formulated actions on the obligation;
- alternative - the debtor is given the opportunity to choose which of the actions to commit;
- optional - the debtor fulfills obligations only if the basic requirements are fulfilled and certain conditions for the implementation of the subsequent ones have occurred.
The fifth classification divides intobasic, recourse and accessory obligations. The basic ones are directly the subject of the contract. But the accessory obligation is directed to guarantee fulfillment of obligations under the contract. Regarding recourse, it should be noted that they represent the debtor's ability to perform his duties through 3 persons.
Types of obligations defined by the scientific community
Most lawyers use the classification provided by private law. However, some of them offer other types of obligations.
So, S.I. Asknazy and M.M. Agarkov proposes to carry out the classification on the principles of economic benefits, losing the fact that not all obligations are based on retribution.
But OS Ioffe offered the use of the subject of obligations as the main classifying attribute, in effect carrying out the classification of contracts.
Thus, the most profound understanding of the types of obligations is provided by private law. And it is precisely the competent use of the basics of science obligations leads to their execution.
