Among the sub-sectors of civil law, a special place is held by the law of obligations. Such a situation is ensured by the fact that it is precisely the obligations that underlie civil turnover.
The concept of law of obligations
In order to reveal the concept of this sub-sector of civil law norms, it is necessary to define directly the very word “obligation”. So, since the time of classical Roman jurisprudence, it was understood as an attitude by virtue of which the debtor is obliged to perform certain actions in favor of the creditor or to refrain from such actions. It follows that:
- an obligation is always a relationship between at least two persons;
- the subject of the relationship should always be individually defined;
- the debtor is obliged to either act or inaction in favor of the creditor.
These three features are important in determining what the law of obligations is, namely: a set of rules governing relations regarding the performance by one person of specific obligations assumed to another person.
The considered sub-branch of law has special characteristics that distinguish it among several others. So, the law of obligations:
- always mediates the transition of things within the framework of civil circulation;
- is a process of transfer of property rights between subjects;
- Regulates not only the movement of goods, but also the provision of services, as well as the performance of work;
- uses only dispositive regulation mechanisms;
- It is based not only on legislation, but also on ordinary norms.
All this allows us to derive a different concept of law of obligations, namely: it is a set of private law, dispositive norms aimed at regulating economic turnover.
In order to verify the correctness of this definition, it is only necessary to consider the system of this branch of law.
Law of Obligations System
Obligations in most civil codes of the countries of the world are devoted to rather large volumes of legislative acts. So, in Russian legislation, the civil code pays considerable attention to such a sub-sector as law of obligations.
The whole set of norms in it can be divided into 2 categories - general and special, which distinguishes this type of law from the rest, involving in its structure and special part.
The system of law of obligations is based on the main part. This category includes rules that govern the main points related to obligations, namely:
- legal determination and occurrence of an obligation;
- the rules of occurrence, change and termination thereof;
- general provisions on subjects and objects of obligations;
- ways to fulfill obligations ;
- general provisions on contracts.
All of the above five standards are mandatory for disclosure, as the definitions laid down in them entail a more precise, gap-free regulation of institutions that make up a special part.
And the latter should include:
- obligations arising from contracts;
- non-contractual obligations.
The first group traditionally includes all contracts related to the transfer of things for temporary or permanent use, and contracts aimed at the provision of services or performance of work. This also includes the category of obligations arising in the process of using intellectual property rights.
The second group as a whole represents the motivational part of tort obligations and obligations from unjustified enrichment.
The system presented above gives a clear concept that the law of obligations is one of the most important sub-sectors of civil law, serving the civil circulation and is a powerful legal aid for economic development.