In this article we will consider the concept and types of obligations that exist in civil law. In addition, we update such issues of the theory of obligation civil law as the characteristics and content of obligations, the grounds for their occurrence, subjects of obligations (obligations of a regressive type, with a plurality of persons), change of persons in an obligation (transfer of debt, assignment) and so on.
The concept and parties to the obligation
In accordance with the definition that is currently used quite widely, the law of obligations is a set of civil law standards that govern social relations related to the transfer of goods of a material nature that have the properties of a commodity product from one person to another in a certain form. This may be the transfer of property complexes, the sale of a business, the implementation of work, the provision of certain services.
Article 307 of the Civil Code in force on the territory of the Russian Federation states that an obligation is the obligation of the debtor and the right of claim of the creditor, which correspond to each other. Thus, the debtor, as a rule, undertakes to carry out some action for the benefit of the creditor:
- Transfer or transfer funds.
- Implement work by agreement.
- Provide the lender with the necessary service.
It also happens that the debtor is obliged not to implement certain actions, that is, he must be inactive.
Reasons for the emergence of rights and obligations
Before considering the types of obligations in civil law, it is advisable to determine the reasons for the emergence of rights and obligations. So, among them it is important to highlight the following:
- Availability of contracts and deals.
- Damage, harm.
- Enrichment is unreasonable.
- Other cases that are described in the current legislation of the Russian Federation.
Content and characteristics of the obligation
The concept and types of obligations imply the presence of certain characteristic features. So, in the theory of civil law it is customary to distinguish the following:
- An obligation is a relationship of a relative nature. In it, a specific debtor confronts a specific creditor or a group of debtors confronts a group of creditors.
- The lender or creditors have the opportunity to satisfy their own needs only by performing certain actions by the debtor or a group of debtors.
- The state is on guard for the satisfactory implementation of duties through the use of measures of a coercive nature. Among them are forfeits, penalties, fines and so on.
- In order to ensure full protection of violated rights, filing of claims is applied.
As in other types of legal relations, the content of obligations is the duties and rights of the relevant entities (that is, creditors and debtors).
Parties to the obligation
In accordance with the Civil Code in force on the territory of the Russian Federation, two entities are considered parties to the obligation:
It is important to add that not one person, but several can act as each of the presented entities. In the case of the signing of contracts, as a rule, counterparties are assigned the appropriate rights and obligations, that is:
- The customer’s right to demand realized under the contract can be balanced by the right of the contractor to demand the acceptance of work and their subsequent payment.
- The obligation of the contractor related to the performance of certain works is related to the obligation of the customer not only to accept these works, but also to pay for them.
Types of Obligations
In the theory of civil law, it is customary to distinguish many classifications of obligations in accordance with various grounds and factors. Consider the most common of them. So, the following classifications are popular today:
- Types of performance obligations and the availability of rights. In other words, we are talking about the distribution of responsibilities and rights between counterparties.
- Varieties of obligations in accordance with the subjects of execution.
- Types of contractual obligations. In other words, varieties due to the appearance of these obligations.
- Classification by certainty of the subject.
Consider each of the existing types of debt obligations separately.
On the division of rights and duties
In accordance with this criterion, it is customary to distinguish the following varieties of obligations:
- Simple obligations. This type of obligation involves the performance of certain actions by the debtor when the creditor has a claim. This category includes, for example, obligations related to compensation for damage caused, collection of enrichment of a non-substantive nature. If we talk about contractual obligations, then this is a loan agreement.
- Complex liabilities. This type of obligation indicates that each counterparty is endowed with its rights and obligations. It is advisable to attribute most types of agreements from the Special Part of the Civil Code of the Russian Federation to obligations of the type presented. For example, in accordance with a lease agreement, the lessor is obliged to transfer a certain property complex, and the lessee is required to accept this complex and pay the corresponding amount of cash.
For reasons of appearance
Consider the individual types of obligations that are usually allocated in accordance with the reasons for their occurrence:
- Obligations arising from contracts. In this case, the parties are two or more subjects of contractual obligations.
- Unilateral transactions. This type of obligation assumes their occurrence at the request of one person. A striking example is a will or a transfer of authority in accordance with a power of attorney.
- Delicate obligations that relate to offenses.
- Enrichment is unreasonable. This type of property obligation involves the receipt or saving by a certain person of funds or property complexes at the expense of another person without any reason that is legal.
According to the subject composition with a plurality of subjects
In accordance with the subjects of the implementation of obligations, a separate classification is used today. If we are talking about the multiplicity of subjects, then distinguish:
- Equity obligations (Article 321 of the Civil Code of the Russian Federation). This type of obligation of an organization, person or group of persons assumes that debtors are liable for their debts in accordance with the parts established by the contract or applicable law.
- Joint obligations (Article 322 of the Civil Code of the Russian Federation). In this case, claims may be made to any of the debtors.
- Subsidiary obligations (Article 399 of the Civil Code of the Russian Federation). Here we are talking about the fact that it is possible to appeal to an additional debtor if the main debtor is not able to fulfill their own obligations independently.
According to the subject composition of third parties
There is talk of classifying obligations by subjective composition; it is impossible not to recall obligations involving third parties. We are talking about recourse obligations, the legal aspect of which is prescribed in paragraph 2 of Article 325 of the current Civil Code. In this case, the principal amount of the debt is paid by a third party. It may be vice versa: the emergence of obligations in favor of other persons, which is prescribed in article 430 of the Civil Code. A prime example here is the beneficiary in an insurance contract.
According to the subject composition with a change of faces
It is important to identify the classification in accordance with the subjective composition, subject to a change of persons. Thus, the following types of obligations are distinguished:
- Cession (Article 382 of the current civil law).
- Subrogation (Article 965).
- Transfer of debt instruments (Article 391).
By definition of the subject
And finally, we analyze the classification on the fourth basis. In accordance with the certainty of the subject, it is customary to distinguish the following types of obligations today:
- Individual obligations. In other words, when a thing can be described with the help of individually-defining characteristics. For example, in the case of the sale of a house, its address, area, floor, cadastral number and so on are strictly prescribed.
- Obligations with the subject, which is determined by belonging to a particular genus.
- Alternative obligations. It should be added that their legal aspect is described in article 308 of the Civil Code of the Russian Federation. In this situation, the debtor has the right to choose one or more performances.
- Optional obligations regulated by article 308 paragraph 2 of the Civil Code. In accordance with this paragraph, if it is impossible to fulfill a key requirement, the debtor must perform another action, which, one way or another, is strictly defined.
In conclusion, we study the group of obligations, which today is only gaining popularity in the theory of civil law. So, homogeneous obligations must be considered as obligations involving the transfer to the creditor of rights or things (property complexes, cash, and so on), which are determined by generic characteristics. It may even be obligations related to the transfer of securities of non-documentary nature that fall into a certain category. This definition was developed by the Plenum of the Supreme Court of the Russian Federation in paragraph three of the resolution “On some issues of using the general provisions of the Civil Code of the Russian Federation on obligations and their fulfillment” dated November 22, 2016 No. 54.
The presented concept is used in the case of an agreement regarding the procedure for satisfying the requirements of one or more creditors to exclusively one debtor. Among the conditions for concluding this agreement, it is important to note the following points, determined in strict legislative order:
- Mandatory requirements of various creditors to only one debtor.
- Uniformity of the respective obligations.
It is important to note that this agreement is a mandatory condition for lenders. However, it cannot change the order of bankruptcy (economic insolvency) and the priority of satisfying creditor claims, which is provided for by the current legislative acts on economic insolvency (bankruptcy) in accordance with paragraph four of resolution No. 54.
As it turned out, the concept and meaning of the existence of obligations in the civil law of the Russian Federation today, as well as their classification by a number of features, which we examined in more detail in the article, are not absolutely theoretical constructions. The fact is that assigning an obligation to one form or another in any case affects its regulation in the field of law, as well as the use of specific standards of the Civil Code of the Russian Federation for this legal relationship.