Compulsory law in the Civil Code of the Russian Federation is devoted to Art. 307-453 of the general part and 454-1109 Art. special part, considering its types in detail. The concept of obligations is a legal relationship arising between the entities (debtor and creditor), expressed in their actions or inaction in relation to each other. Civil law simply could not exist without these rules of law.
The content of the obligation consists of the right of demand (or the right of the creditor) and debt (obligation of the debtor). Also, the subjects of such legal relations are called authorized and obligatory parties. All actions, if there are obligations, the debtor performs at the request of the creditor.
The content structure divides obligations into simple and complex. Simple obligations are one-way. They occur when the creditor is vested only with rights, and the debtor only with obligations to fulfill the requirements. Compound liabilities are bilateral or reciprocal. In the presence of such legal relations, both parties have rights and obligations.
When mentioning the creditor and the debtor, it is worth noting that several persons (but strictly defined) on each side can simultaneously act as the first and second in the same legal relationship. These are obligations with a plurality of persons.
The grounds for the occurrence of obligations are divided into contractual and non-contractual.
Contractual obligations are described and contained in the contract concluded between the creditor and the debtor, but they can be based not only on the law, but also on the agreement reached by the parties together. Non-contractual obligations arise on the basis of other legal facts in accordance with the law or as a result of the will of only one party to the legal relationship.
The grounds for the occurrence of obligations in contractual relations can be divided into the following types:
- sale of property;
- insurance;
- transportation;
- the provision for temporary use of the property of the creditor;
- service;
- performance of work;
- settlements and lending;
- obligations in joint activities.
The grounds for the occurrence of obligations of non-contractual legal relations are divided into the following legal facts:
- unilateral transactions;
- unreasonably enrichment;
- causing harm to both the individual and property;
- administrative and judicial acts.
Often in the form of the basis for the occurrence of obligations, a complex legal structure may appear, which is several legal facts at once . The presence of each of them is a prerequisite, otherwise the obligation will not exist.
Any obligation terminates at the time of its full performance. If the debtor does not fulfill his obligations or only partially performs, the creditor may apply to the competent authorities and demand that the debtor fulfill his obligations by force. In the case of a plurality of persons in obligations, creditors may be called to account jointly or severally .