binding rules in the Civil Code are devoted to art.307-453 and 454-1109 of the total item.special part, I consider it kind of detail.The concept of obligation - is emerging between subjects (debtor and creditor) relationship, expressed in their acts or omissions in relation to each other.Civil law simply could not exist without this law.
's obligation consists of the right to claim (or the creditor's rights) and debt (the obligation of the debtor).Also, the subjects of these relations is called the entitled parties and obligatory.All actions in the presence of liabilities, the debtor carries on demand.
structure divides the content of the obligation on both simple and complex.Simple obligations are unilateral.They occur when the lender is endowed with only the rights and obligations of the debtor only to meet the requirements.Sophisticated obligations are bilateral and reciprocal.In the presence of such relationships both parties have rights and responsibilities.
At the mention of the creditor and the debtor should be noted that as the first and second simultaneously in the same legal relationship can serve multiple persons (but strictly defined) on each side.This commitment to plurality of persons.
Grounds for the obligations are divided into contractual and non-contractual.
Contractual obligations are described and contained in the contract between the creditor and the debtor, but they may not be based only on the law but on the agreement reached by the parties together.Non-contractual obligations arise on the basis of other legal facts in accordance with the law or by the will of only one side of the legal relationship.
Grounds for the obligations under contractual relationship can be divided into the following types:
- sale of property;
- insurance;
- transportation;
- providing temporary use of the property of the creditor;
- the provision of services;
- works;
- calculations and crediting;
- obligations under the joint venture.
Grounds for non-contractual liability of legal divided into the following legal facts:
- sided transaction;
- unjust enrichment;
- causing harm to both the individual and property;
- administrative and judicial acts.
often as grounds for the emergence of obligations may make complex legal structure, which is several legal facts.The presence of each of them is a must, otherwise the obligation would not exist.
Any obligation is terminated at the time of complete fulfillment.If the debtor does not fulfill his obligations or only partially fulfills, the creditor may apply to the competent authorities and to demand fulfillment of obligations by the debtor under compulsion.When the plurality of persons in the obligation, the creditor may invoke the responsibility of solidarity or equity participation.
