Obligatory legal relations occupy a special niche in the field of civil, criminal and penal law. In order to become an expert in this issue, it is important to study the definition, types of obligations, as well as the features of their implementation in practice.
The concept as the basis of a legal institution
Obligatory legal relations are, as a rule, interactions in the field of civil law in which one person called a debtor is obliged to perform certain legal actions in favor of another person who is called a creditor. They can also be expressed in refraining from taking any legally significant actions. As for the active position of the debtor, the concept of the obligation relationship is expressed in:
- Transfer of property.
- Performance of work.
- Paying cash and so on.
The creditor, in turn, has the right to demand the performance of the obligation assigned to the debtor.
Features and nuances of the obligatory institute
Like any other legal sphere, the institution of civil law under consideration has a huge number of features and nuances of implementation, which are expressed in the following positions:
- Obligatory legal relations fully express the commodity-money nature of the modern market; therefore, in most cases they bear an economic connotation. A striking example is the purchase of products in a store where the buyer agrees to pay for the goods, and the seller - to provide it.
- Obligatory legal relations are property.
- This institution may be aimed at organizing the exchange of goods and services, for example, by providing the opportunity to conclude a preliminary gift agreement.
- In such relationships, specific participants are identified for whom a certain behavior obligation has been established.
- Closely related to property relations.
Everything you need to know about the structure and components of a commitment
Consideration of this issue requires knowledge of what a relationship structure is. This element implies a set of immutable components, namely:
- Subjects and objects.
- Commitment is not possible without the subject.
- Content is required.
Subjects as mandatory participants
The subjects of this type of relationship are established by the Civil Code of the Russian Federation, which indicates debtors and creditors. The first person is the party entrusted with the duties in the form of debt. And the creditor is the person who is legally authorized to demand the fulfillment of the provisions of the contract relating to the fulfillment of the obligation.
In life there are situations when, in relation to one subject, the debt applies to several citizens simultaneously. This phenomenon is called a plurality of persons. Along with this type, there are legal relations with many lenders, as well as mixed obligations, which imply the presence of several plots on the one hand and on the other.
Civil law provides an opportunity to replace persons in a contractual relationship who may be full participants. A legal fact based on a replacement creditor is referred to as assignment of a claim or cession. If the debtor is replaced, it is a transfer of debt.
Items and objects
Any proprietary and obligation relationships are impossible without an object and subject.The subject of this type of relationship is the actions of the due participant established by the contract or abstention from the behavior established by the contract. A vivid example is the transfer of money (returning a debt, completing a job, providing a service, and so on).
It is important to remember: the subject and the object, which characterizes the obligatory civil legal relationship, have significant differences. So, the object of the institute under consideration is that in relation to which actions are performed, namely, material values: money, things, and so on.
About the content
The objects of obligatory legal relations are inextricably linked with their content, which are represented by the rights and obligations of the participants of this institution, aimed at fulfilling the obligation. Legal facts give rise to legal relations, which are determined by the following grounds:
- Any types of transactions.
- Torts - causing harm to persons as a result of an unlawful action or its absence.
- Unjust enrichment.
- Legal acts of state and municipal authorities.
- Court decisions.
- Other actions of persons provided for by Art. 8 Civil Code of the Russian Federation.
The grounds for the obligation also include a special type of legal fact: events. These phenomena can give rise to an obligation only in conjunction with other legal facts.
The role of events in the obligation
The grounds for the occurrence of obligations are largely dependent on events. This type of legal facts can give rise to relationships only in conjunction with other determinants.
A striking example of this basis is the abandonment of a will, which takes effect only after the death of the person who made it. Another example is a home insurance contract, which allows you to get the amount specified in the contract only if there is an insured event. And the latter, as a rule, implies the onset of an event in the form of a flood, fire, or other natural disaster.
Moreover, even when an uncontrolled event occurs, all civil law relationships must be executed, changed or terminated according to the rules established by law. In case of failure to comply with any clause of the contract, the participant is liable in the form of sanctions.
Types of commitment
In civil law, there are a huge number of classifications applicable to obligations. So, the simplest, but very popular, is the division of relations into contractual and non-contractual. As you might have guessed, the first of them arise as a result of concluding a contract - an act that has legal force, and the second, in turn, involves tort: unjust enrichment, violation of rights, and so on.
Another legal section is the basis for dividing by the multiplicity of participating parties into equity, joint and recourse obligations.
- An equity obligation implies the existence of several debtors who are equally required to comply with the provisions of the contract. In addition, each participant in the legal relationship fulfills the norms only to the extent that is equal to its share. As a rule, it is determined by law or contract. If there is no such indication, then the shares of the obligation are considered equal between the obliged participants in the legal relationship.
- A joint obligation has a very unstable structure, since the creditor has the right to demand from any of the debtors both a part of the debt and to fully recover the entire amount. At the same time, the participant who paid for all has the right of recourse against other participants.
- Reverse liabilities or repayment of debt.This type arises when the debtor fulfills the bulk of the obligation either in place of another person, or due to circumstances beyond its control, or through the fault of another person. This type of obligation is closely related to the joint form of debt claims, since the exercise of the creditor’s right generates the right of recourse from other debtors.
The significance of the above types of obligations in the reliable protection of the rights and interests of others, the acceptance of both debtors and creditors.
The plurality of persons in obligations
Basic and subsidiary relations are another classification associated with many participants in legal relations.
Subsidiary debtors are represented, as a rule, in the form of third parties who are not the main participants. A striking example is the harm caused by a minor who is a direct debtor. Moreover, the actual payments for the violator will be made by his parents, who will try on the role of subsidiary debtors.
Certain disputes are caused by the place of fulfillment of the obligation, which can be determined both by the contract and legislative norms. If such a circumstance is not defined, then fulfillment of the obligation is possible:
- At the location of the property. This rule applies to the transfer of real estate.
- With the help of a carrier.
- At the place of manufacture or acquisition of property.
- At the location or residence of the creditor (fulfillment of monetary obligations).
There is also the possibility of transferring property at the place of residence of the debtor. If such is a legal entity, then at the location of the dominant organization, and in its absence - the location of the parent branch. Thus, obligatory legal relations fill the legal life of a modern person in all spheres of his interaction with the outside world, respectively, without this institution, the right of ownership would be null and void.