The concept of obligation is defined in Art. 307 Civil Code of the Russian Federation, where one person, referred to as the debtor, has the obligation to commit in favor of another person called the creditor, a certain type of action. The list of such obligations includes the following:
- Transfer of certain property subject to an obligation.
- Performing the type of work specified by the employer.
- Depositing funds to the account of the creditor and so on.
P. 1, Art. 307 of the Civil Code of the Russian Federation provides for the obligation to abstain from any behavior, for example, the impossibility of concluding a sublease agreement when concluding an employment contract.
In turn, due to obligations, the creditor may require the first person to fulfill the established obligation.
Grounds for the appearance of obligations
As practice shows, the most frequent reason for the appearance of obligations arising from paragraph 1 of Art. З07 of the Civil Code of the Russian Federation, is the conclusion of an agreement where the subject and the list of obligations of either one or two or more parties are mandatory. If the obligations of one party are indicated, such an agreement is called "unilateral". When the document contains mutual rights and obligations, such an agreement is among the "bilateral mutually binding."
P. 2, Art. 307 of the Civil Code of the Russian Federation also indicates that the basis for the appearance of obligations is the provisions of the Law, the norms of which are applicable in a particular situation. The article lists only 2 reasons for the occurrence of such legal relations, but their list is not exhaustive.
The ratio of obligation and obligation law
It is important to note that the definition referred to in Art. 307 of the Civil Code of the Russian Federation, is the original, and its further interpretation, contrary to the original, is erroneous and illegal. This rule of obligations applies not only to the general part of the law on obligations, but also to all civil relations in general.
The established concept of obligation is the basis for the action and development of law of obligations: its common part and civil law institutions that depend on it.
Is the service a liability?
The definition of a liability over time has not substantially changed under Art. 307 of the Civil Code of the Russian Federation. It is impossible to disagree with the comments of Professor Kabalkin A. Yu. Regarding the presence of certain shortcomings in the use of legislative technology when this article enters into force.
It is important to emphasize that the list of envisaged active actions does not include such a thing as a “service”, although such a category is very common in civil law. On the other hand, the joint interaction of the obligation law and the service is mentioned in the articles on the fulfillment of the obligation at the expense of the debtor, in article 424, in the rules on the public contract, preliminary contract, in the article on acceptance and so on.
In addition, the following articles show the fundamental importance of the service category:
- civil law relations;
- objects of civil rights;
- main principles of civil law;
- provisions on the invalidity of civil law transactions and so on.
Surprisingly, the very frequent references to services in conjunction with such phrases as “transferring things”, “performing work” in the legislation give reason to think about making the necessary changes to Art. 307 of the Civil Code of the Russian Federation. Moreover, numerous changes over the past few years in the regulatory legal acts of various branches of law show a single link: “goods, work, services”.And a vivid example of such a contradiction is the well-known normative act "On the Protection of Consumer Rights".
Active and passive actions in the law of obligations
According to the comment of Professor Kabalkin A. Yu. Regarding Art. 307 of the Civil Code of the Russian Federation, it must be borne in mind that the transfer of money refers to active actions to transfer things, as this is one of the interpretations of the transfer of property. Art. 128 The Civil Code says that objects are things to which money is equated in kind and electronically.
Much less frequently, the debtor agrees to refrain from taking any action. A vivid example of such an obligation is the situation controlled by Article 128 of the Civil Code of the Russian Federation. Here the custodian does not have the right, without the consent of the depositor, to use the transferred thing for his own purposes, as well as to transfer it to other persons. An exception in this situation is the transfer of property to other persons in order to preserve it.
The simplicity and complexity of a commitment
The scheme provided by the legislator for designating obligations as one of the categories of civil law does not cause difficulties in theoretical study. With regard to practice, lawyers consider the obligation relationship one of the most complex legal facts that exist in Russian civil law. Since often each of the parties to the contract acts as a creditor and debtor at the same time, trying on the rights and obligations of both sides.
Occurrence of obligation
As mentioned earlier, for the occurrence of obligatory legal relations, one of two grounds is necessary: a drawn up contract or a case of harm. For consideration of other circumstances, on the basis of which obligatory norms can be based, it is necessary to refer to the general rules on the occurrence of civil legal relations.
First of all, other grounds giving rise to such obligations include:
- Transactions, both provided for by civil law, and executed according to its rules (not contrary to civil standards).
- OGV and LSG documents of a regulatory nature, from which relevant rights and obligations arise.
- A court decision that has entered into legal force.
Thus, the basis for the obligation to perform a certain action is practically any life situation that the obligatory norms of civil law are able to resolve, including article 307 of the Civil Code of the Russian Federation.
