Relations associated with trade are very diverse. They include the complete alienation of property (transfer to ownership, for example), permanent or temporary use, the provision of services or the performance of work, the result of which becomes the subject of exchange, compensation for damage, since the damage itself and the options for its compensation have a commodity-money form. All these relations receive consolidation and recognition primarily in the law of obligations. It represents the most important area that ensures the regulation of relations relating to the transfer of material or other goods from one person to another. This, in turn, is caused by the fact that the provisions of the law of obligations in quantitative terms are at the forefront in civil law, including its basic codification acts.
Main classification
The system that defines the concept, characteristics and types of obligations in civil law is built on the basis of a multi-stage, sequentially carried out separation. Moreover, at each specific level, a separate classification criterion should be used. With its help, it is possible to identify the most significant differences that existing types of obligations have. Civil law distinguishes two main categories. They differ in the basis of occurrence.
Obligations in civil law: concepts and types
Relations between entities may arise on the basis of an agreement. The determining conditions in this case are not only the law, but also the agreement of the participants. These obligations are called contractual. Their legal community allows us to identify a fairly large number of general rules that can be equally applied to all relations in this category. The following types of obligations in civil law are based on contractual conditions:
- On the sale of property.
- For the provision of services / performance of work.
- On the transfer of property to use.
- For lending and settlements.
- By joint activities.
- Mixed liabilities.
Non-contractual relationship
The concept of civil liability in this case is determined and regulated only by law or by it and the will of one party. Two groups stand out in this category. So, there are the following types of obligations in civil law in the framework of non-contractual relations:
- Security.
- Arising from one-way transactions.
Features
Certain types of obligations in civil law, in addition to the unifying criteria, have certain differences. The latter, in turn, suggest further classification. Certain types of obligations in civil law can take different forms or are divided into subcategories. This is the case if specific features receive the content of the relevant relationship. So, for example, in the framework of the obligation related to the rental of vehicles, there are two subspecies: the use of vehicles with and without crew.
Grounds for occurrence
The concept of obligations in civil law is interconnected with certain legal facts. The main place among them is occupied by contracts. The agreement of the owners or other legal owners of the property is the usual, most often found basis for normal exchange of goods.In this regard, it becomes quite natural that the obligations in civil law and the liability of the parties are established by the will of the parties, expressed in the terms of the contract. This way of forming relations to the greatest extent corresponds to the needs of the development of economic turnover. This, in fact, explains the fact that most of the obligations that exist in society today are contractual.
Types of Agreements
The civil law provides for a fairly wide range of contracts, which can act as the basis for the appearance of obligations between legal entities. Among them, for example, you can name the sale, supply, gift, exchange, contract, commission, storage, housing and property rental and so on. Certain types of contracts differ in the intraspecific system. For example, a transportation agreement may differentiate depending on the transportation object, type of vehicle, and so on. All of the above indicates that the contract acts as the basis for the emergence of a fairly wide range of obligations that are essential in civil circulation. In this regard, one should not underestimate its importance in the formation of legal relations between entities.
One-way deals
In this case, the subject of law, through his own will, disposes of his legal opportunity or assumes a certain obligation, while endowing the other participant with the corresponding right. Unilateral transactions include, for example, a public promise of remuneration, testamentary denial and a number of others, both stipulated and not stipulated by law, but not contrary to the norms.
Administrative acts
They may also serve as the basis for the occurrence of certain obligations. Administrative acts include individual acts of government bodies that are aimed at establishing, terminating or changing legal relations. It should be borne in mind that they can play this role in cases expressly provided for by law. An administrative act entailing the appearance of various obligations may, for example, be the execution of an order for the provision of housing by decision of the local authority.
Other legal facts
In addition to administrative acts and contracts, harm can be used, for example, as the basis for the appearance of certain types of civil law obligations. In this case, the consequences include damages. This means that one person acquires obligations in relation to another. Illicit enrichment can also be a reason. In this case, the obligations involve the return of the property received.
Developments
Some types of obligations are generated by legal facts that are not dependent on human will. As a rule, such events do not entail the occurrence of an obligation, but only generate certain obligations and rights within its framework. For example, when an insured event occurs, the insurer must pay compensation. Moreover, the client has the right to demand from the organization this compensation. In the absence of any of the above grounds, the obligation cannot be considered existing.
Conditions and principles of execution
Fulfillment of obligations is certain actions or abstinence from them (in certain cases), which are the essence of subjective duties and rights. Execution will depend on the specifics of the content of the categories and each condition individually. So, for example, differences in the implementation of purchase and sale obligations and construction contracts are obvious.
Moreover, the performance of the former may have a number of features depending on the conditions (for example, whether installments are provided, whether delivery will be carried out to the client, and so on).In this regard, the norms of legislation through which the implementation of certain types of obligations is regulated are included in a special part of the law of obligations. However, at the same time, various categories have common features that make it possible to establish common requirements for them. These requirements are contained in the general part - ch. 22 Civil Code. They apply to any kind of obligations and determine, unless otherwise provided by agreement, business practice, law, terms, method, place, conditions, subject, composition of execution and other elements.