specificity of civil law is that coming into this plane of legal entities will sooner or later take on certain obligations.In civil law, allocate some of their species, a detailed examination of which will be presented in this article.So, what is a commitment?
characteristics and types of liability in civil law .
The simplest definition of liability states that it is a particular legal relationship, in which the first party is entitled to, and the second - a commitment to implement it.But this concept is too simplistic.More fully, you can define the essence of obligations in civil law by using its features.
first feature of this relationship is the property characteristics.It consists in the fact that the subject act exclusively property rights (ownership, disposal, or use of their symbiosis).They can remain in a dynamic state (transferred from one person to another) and static (fixation right).
The second feature is the commitment that is necessary for its implementation of the action - the implementation of a specific act of performing party.This can be a performance of works, payment of debt, etc.
third feature appears on the obligation.It consists in the fact that the relevant mandatory legal relationship is always directed at certain individuals, that fact distinguishes it from the right to the property where the person can not be clearly defined and specified vague phrase "third parties."It should be remembered that the parties to the debt relationship can act both individually and in group composition.Wherein the plurality of persons is available as both sides or one.
The causes are varied and liabilities depending on their allocate special types:
1. treaty - based on the basis of a civil contract;
2. non-contractual - these include those grounds for the appearance of which has been causing harm.They are determined as well as tort liability in civil law.The law, as a rule, clearly stating the reason for their appearance.
contractual obligations in civil law .
is a large group of obligations.This circumstance is due to the fact that civil law establishes a wide range of contracts, and, consequently, the rights and obligations arising from them.All contractual obligations are divided into two broad categories - the transfer of rights to the thing, and to provide services.However, distinguished legal science and other kinds:
• simple and complex - depending on the number of rights and duties imposed on the parties;
• unilateral and bilateral - in the first case, the party has only a right or obligation, in the second - hand have both rights and duties;
• commitment to passive multiplicity (several debtors) or active (several creditors);and other.
Commitments versatile, and with the advent of a new type of contract they are transformed and expanded.
non-contractual obligations in civil law .
Unlike the first type, this type of obligation is based on strictly defined torts (Offences).Hence their name of "tort liability in civil law."
At this period of time and legal doctrine, legislation identified two causes of such obligations:
1. unjust enrichment;
2. causing harm.
If in the case of confirmation of their treaty obligations by state authorities is not required, the non-contractual obligations in civil law arise only at the recognition of the offenses strictly defined by the competent authority.This kind of obligation implies the impossibility of changes in legal entities, asit is closely related to the personality of the parties.This provision differs from the contractual liability tort.
examined the characteristics presented, it can be concluded that liability in civil law is a particular legal relationship, which always involves two parties (debtor and the creditor) and is always a force in the circumstances specified in the legislation .
