Obligations are legal relations arising in a particular subject under the provisions of the law or the terms of the contract. Both organizations and individuals can act as participants. 
general characteristics
Obligations arising under the law are permanent. Those that appeared as part of the agreement are temporary in nature and are limited to the period for which it is concluded. Obligations inherently act as certain actions of one entity in favor of another, with which an agreement is signed or there are relations regulated by law. They can also be expressed by inaction. This means that the parties to the obligation should avoid certain behavioral acts that could harm anyone's interests. In some cases, entities violate the terms or conditions of the agreements. For such situations, civil liability is provided. Consider when it comes.
What is civil liability?
As a rule, it has a property character. Its main goal is the restoration of the violated interests of the victim. In addition, the law provides for situations where the injured participant may demand compensation for non-pecuniary damage resulting in non-fulfillment of obligations. At the same time, the task is to financially punish the guilty by penalizing them. Moreover, ignoring or improper fulfillment of obligations is not in itself a basis for applying sanctions to the subjects. Legislation establishes three conditions that must be met. 
Illegality of actions / omissions
Improper performance of obligations or their neglect should arise as a result of a specific violation. In particular, the entity may not comply with legal provisions or clauses of the agreement. If there was no violation, but the established conditions were not met, liability for improper performance of obligations does not occur. For example, it is impossible to punish the supplier for untimely receipt of goods by the customer, since the date of delivery will be considered the date of delivery of the goods for transportation. Claims in such a situation may arise against the carrier that did not deliver the material assets on time.
Wines
Inadequate performance of obligations is characterized by intent or negligence / negligence. It is almost impossible to apply punishment to an innocent subject. Such situations are separately stipulated in the legislation. For example, Art. 1079 CC instructs entities whose activities involve a high risk to others to compensate for the damage caused by the source of danger if they do not prove that it arose as a result of the guilty actions of the victims or because of force majeure. In this case, responsibility also occurs in the absence of intent, negligence / negligence. 
Explanations
Guilt, expressed in the form of intent, suggests that the subject was aware of the violation and he either consciously committed it, or showed indifference to the likely consequences. Negligence / negligence indicates that the person did not know about the possibility of damage or the unlawfulness of the actions, but based on the circumstances, he should have understood and assumed this.
Presumption of innocence
In the case of improper fulfillment of the obligation, the subject will not be punished until it is proved that his actions contained intent, negligence or negligence. The presumption applies only to situations defined in law. The burden of proof lies with the victim. The presumption is established for those situations when the guilt of the person is unlikely in the circumstances of the case. So, in accordance with Art. 118 of the Charter of railway transport, the carrier (Russian Railways) is exempt from liability for damage, shortage or loss of cargo if:
- Material assets arrived in a serviceable carriage with intact seals of the sender.
- Damage or shortage occurred due to natural causes caused by open-cargo transportation.
- Transportation took place accompanied by the representative of the recipient or sender, etc.
Meanwhile, sanctions will be applied for the improper fulfillment of obligations to the railway if the injured entity proves the carrier's guilt. A person shall be presumed innocent if, at the degree of prudence and care required from him, he has taken measures to comply with the requirements of the law or the terms of the agreement.
Business activities
The issue of applying sanctions for the improper fulfillment of obligations by commercial entities is separately resolved. The punishment for violations occurs if the entrepreneur does not prove that they were committed in connection with unforeseen and emergency circumstances. Responsibility under the contract arises even if there were illegal actions of the debtor’s counterparties, the necessary goods were not available on the market, or the subject did not have enough cash.
Causal relationship
This is another condition in the presence of which there is liability for non-performance or improper performance of obligations. A causal relationship must be established between the guilty behavior of the person and the result. If any other reasons caused the improper performance of obligations under the contract, liability does not occur. Such circumstances, for example, include damage to the product due to its natural properties. If there is a reason and all the above conditions, the victim may demand the application of sanctions to the perpetrator. 
Fractional Sanctions
Separately, the law decides on the application of punishments if several debtors or creditors are involved in the relationship. In such situations, liability may be joint or several. The latter assumes that each of the creditors has the opportunity to demand, and each debtor, accordingly, has an obligation to fulfill the obligation in fixed shares. This situation occurs when the object of relations is divisible. For example, this is characteristic of monetary obligations. If, by agreement or law, the share of each entity is not determined, then they are recognized equal. In accordance with the rules, shared responsibility is considered the main form of claim. As a rule, it is used in the framework of relations between individuals.
Joint sanctions
The law provides that if there are several debtors in a relationship, the creditor may require the fulfillment of obligations from all of them together or any of them separately. In this case, claims may be made both for the entire debt, and for its part. Joint debtors remain until the fulfillment of the entire obligation. The norms allow repayment of all debt by one entity. In such a situation, the remaining debtors are considered to be exempted from the obligation. In this case, the subject may present a recourse to them. The situation is similar in a relationship where several creditors and one debtor are involved. They all can make demands on him.If the debtor fulfills all obligations in favor of one creditor, he shall be deemed exempted from the need to fulfill them in relation to other entities. Solidarity takes place when the subject is indivisible. Meanwhile, such liability always arises in obligations relating to entrepreneurship, unless otherwise provided in an agreement or legislation. 
Subsidiarity
Civil law also provides for another type of liability. It is called a subsidiary. This form of responsibility implies the presence in the relationship of the primary and secondary debtors. The latter repays the debt if the former did not or did not fully. The creditor in such a situation makes claims first to the principal debtor. If they are not satisfied, then he turns to an additional subject. This is the case, in particular, with insufficient financial resources of the institution that settles with creditors. In this situation subsidiary liability arises from the owner, who provides the activity of the subject partially or completely. The founders of the ODO are liable for the debts of the company with their property. The same liability is provided for members of the partnership for its obligations.
Types of Sanctions
The subject, with the proof of his guilt and subject to all conditions established by law, may be subject to the following requirements:
- Fulfill in full and properly the obligation that was not fulfilled. If the victim has lost interest in paying off the debt, then he may not require real satisfaction of his claims (for example, performing work or delivering goods).
- Reimburse the victim for losses that were caused by a violation of the law or the terms of the agreement. In particular, the debtor may be charged with a penalty for improper performance of obligations. The legislator points out that both actual losses and lost profits are subject to compensation. In some cases, however, the latter is not refundable. For example, in case of damage, shortage, loss of cargo, the carrier only compensates for losses actually incurred by the entity.
- To pay fines, if they are established in the provisions of the law or in the terms of the agreement.
- Compensate for moral damage in cases established by the rules, regardless of compensation for property loss.
Indemnification
It is provided for by Art. 112 GK. Indemnification considered one of the universal ways to protect the interests of the injured party. This is due to the possibility of applying it in almost all substantive relations. Due to the fact that the protection principle is characterized by the principle of dispositiveness, which is also confirmed by judicial practice, the choice of its method belongs to the applicant (the injured party). When applying to the competent authority with claims for compensation for losses incurred, the plaintiff must take into account the peculiarities of the legal phenomenon of damage and the specifics of proving its occurrence in the framework of the civil process.
In legislation, the concept of losses is fixed with the help of assessment categories. This, on the one hand, makes it necessary to prove it. It follows from this that it cannot be said that the subject has losses that are not confirmed in accordance with the requirements established in the norms of procedural legislation. Otherwise, the losses incurred do not receive their legal significance, which means that they cannot be recovered from the guilty person. When considering cases of this category, courts should be guided by the existing rules of procedural law.It, in particular, requires the victim to provide evidence of pecuniary damage, the “reasonableness” of the method for calculating the losses he has determined, as well as the damage itself.
