The need for certain types of obligations relations caused not purely scientific requirements.Legal scholars are inclined to believe that the types of obligations are of practical interest, aiming at a clear interpretation and effective protection of the rights of subjects of private law relations.So should carefully study their species.
Types of commitments allocated to the civil law
At this time the civil law divides all obligations relations into two broad categories - regulatory and enforcement.Regarding the first one can say that they are designed to give legal support to all the obligations in respect of which the parties act in accordance with current regulations of the legislation.
But enforcement aimed at prevention and / or suppression of activities of the parties, directly or avoiding refusing to perform their duties in private law relations.In this case, secure the obligations directly related to the involvement of the State.This is the first division, provided regulations.
second classification distinguishes two species - non-contractual and contractual.In this case, the selection takes place on the basis of the active will of the parties.It indicates that fact that, in order to there was a contractual obligation, it is necessary not only the existence of legal norms, but also the parties' consent to its use.With regard to non-contractual obligations of the parties are not active will need enough under the legislation of the legal fact - delict, such as unjust enrichment.However, again, both types can be replaced by already submitted: enforcement related to the non-contractual obligations, and regulatory - with the treaty.It should be noted that it is for the contractual obligations of civil law science was developed by the institute "Secured Obligations", which included mainly non-state methods to prevent their violation.
third classification divides the number of obligations on the parties:
- unilateral - in which only one party is bound by his will to fulfill the promised actions;
- bilateral or multilateral - in which the parties expressed their approval committed against each other trades.
fourth division takes place on the basis of allocation of the subject liabilities:
- the principal obligation - the debtor is obliged to perform explicit actions on the obligation;
- alternative - the debtor the opportunity to choose which action to perform;
- optional - the debtor is in default only if it satisfies the essential requirements and came certain conditions for the follow.
fifth classification is split into basic, recourse and accessory obligations.Key are directly subject of the contract.But secondary obligation aims to guarantee fulfillment of the obligations under the contract.With regard to recourse should be noted that they represent the possibility of the debtor to fulfill its obligations by the third parties.
types of obligations defined by the scientific community
Most lawyers use the classification provided in private law.However, some of them offering and other types of commitments.
For S.I.Asknazy and MMAgarkov offer to classify the principles of economic gain, neglecting the fact that not all commitments are built on retribution.
But OSJoffe as the primary classifying characteristic proposed the use of the subject of obligations, in fact, the classification of contracts.
Thus, the most profound understanding of the types of obligations in private law provides.And that's clever use of the basics of science commitments leading to their execution.
