obligation - the obligation to perform an act directed towards the commission work, transfer of property, fees for the benefit of another person.In all commercial contracts of the Russian Federation the rights and obligations arise from both sides.The concept of performance contains the action, whose main purpose - a clear fulfillment of the conditions of the economic agreement in accordance with all the items (price, quality, delivery time, etc.).
Obligations may be simple or complex, personal or not, the main and additional, property and non-property.Depending on the objectives pursued and the tasks they are divided into two subgroups.This regulatory obligations and guarding.First used in the conventional simple contract.Enforcement obligations aimed at preventing any disturbances in the property turnover, and their adverse effects.It is the obligation of the injury and unjust enrichment.
types of obligations in civil law differ primarily according to their legal relationship.Simple obligation arises under a bilateral loan agreement.When one party (creditor) acquires rights, and the other (the borrower) - responsibilities.Such contracts are the rights and obligations on both sides.
complex obligation generally arises in tripartite economic agreements.The corresponding rights and obligations arise from three sides and are binding.Commitments are divided into personal and not.When those associated with a specific individual, the death of the defendant cease its commitment.In other cases, the obligation to pass the right of succession to other persons - relatives.For example, the obligation to return cash loan proceeds to children or other relatives of the deceased, but only in the amount of property inherited by them under the law.There are also other commitments in favor of the beneficiaries (third parties).An example of such relationship is a contract of property asset management.Commitments may be equity and solidarity.
Depending on the ultimate objective of the treaty obligations are divided into the following types: for the transfer of any property or assets in short-term and long-term use;to perform work or to provide various types of services;on joint activities.
Ways to secure obligations as provided for in Article 329 of the Civil Code.It is a pledge, a penalty, surety and others.Which of the species to be used, be sure to reflect in the agreement.Moreover, their main task - is to stimulate the debtor to the full execution of the obligations assumed. Ways to secure obligations apply to the debtor and shall come into force in case of default of its obligations under the contract or improper performance of individual conditions of a bilateral agreement.
Penalty paid by the debtor to the creditor a certain amount of money according to the agreement concluded in addition to the principal amount of existing debt.It is a provision of the commitments by the debtor, but also at the same time shows the amount of remuneration for the lender in case of default by the borrower.
deposit gives an opportunity to satisfy their claims from the assets of the pledgee.Pledge Agreement as a subject and may have a property or a claim.
Despite all the ways to ensure the commitments their timely execution is dependent on various external and internal factors.And first of all - it's financial situation.It may not always be stable.And if things go the borrower is not very good and business projects suddenly for some reason will be suspended, in such cases, pay off your principal, he simply can not.And about the penalty and did not speak.Therefore, the guarantee is another alternative in the form of guaranteed security obligations, is more attractive to business.
All these methods ensure the commitments are significantly different from each other in terms of their impact on the debtor and the measures taken to achieve their legal goals.Therefore, it is important for the contract to choose the best option to ensure a contractual obligation, as this will depend on the reliability of performance of the contract as a whole.
