Among the sub-sectors of civil law occupies a special place liability law.This situation provides him the fact that this commitment are the basis of civil turnover.
concept of liability law
order to reveal the concept of the sub-sectors of civil law, it is necessary to define itself to the word "commitment."So, ever since the classic Roman jurisprudential science It refers to the ratio, by virtue of which the debtor is obliged to perform certain actions in favor of the lender, or to refrain from such action.From this it follows that:
- the obligation - it is always the relationship between at least two persons;
- the subject of the relationship must always be defined individually;
- the debtor must either act or fail to act in favor of the creditor.
These three features are important in determining what the law of obligations, namely the set of rules governing the relations concerning execution of one person assumed certain liabilities of concrete in front of another person.
Considered subsector rights has special characteristics that distinguish it among several others.Thus, the law of obligations:
- always mediates the transfer of items within the civil circulation;
- is a process of transition between the subjects of property rights;
- not only regulates the movement of goods, but also services, as well as the performance of work;
- only uses the mechanisms of regulation of the disposition;
- based not only on legislation but also on the customary rules.
All of this allows us to derive a concept of a liability law, namely: a collection of private, non-mandatory rules aimed at regulating the economic turnover.
In order to verify the accuracy of this definition should only consider the system of this branch of law.
system liability law
Obligations of the Civil Code in most countries of the world are dedicated to rather large volumes of legislative acts.Thus, in the Russian legislation and the Civil Code pays considerable attention to this subsector, as the law of obligations.
whole set of rules it can be divided into two categories - general and special that distinguishes this type of rights of the others, is involved in its structure and a special part.
system of liability law is based on the main part.In this category fall within the norms that regulate the basic aspects related commitments, namely:
- and the legal definition of cases of liability;
- the rules of creation, change and termination thereof;
- general provisions on the subjects and objects of commitments;
- methods of performance;
- the general provisions on contracts.
All of these five standards are mandatory for disclosure, asdefinitions contained in them, involve more precise regulation of spaces devoid of institutions that make up the special part.
A is attributed to the last:
- the obligations arising under contracts;
- non-contractual obligations.
The first group traditionally includes all contracts associated with the movement of things in the temporary or permanent use, and the agreement aimed at presentation of services or performance of work.This also should include the category of obligations that arise in the use of intellectual property rights.
second group as a whole is the reasoning of tort liabilities and obligations of the unjust enrichment.
The above system provides a clear notion that liability law - this is one of the most important sub-sectors of civil law, serving the civil circulation and is a powerful legal tool for economic development.
