LAW OF OBLIGATIONS. CONCEPT, CONTENT, GROUNDS FOR OCCURRENCE AND TERMINATION OF OBLIGATIONS

PROPERTY LEGAL RELATIONS contain

exchange value

monetary value

aimed at satisfying a person's interest through

appropriation of goods

or

receipt of equivalent money reimbursement from their use (disposal).

In addition to the property relations, another type of property legal relations is the OBLIGATION.

OBLIGATION is a civil relation mediating the movement of tangible and intangible goods in civil circulation, in which the DEBTOR is obliged to perform a certain action of a property nature in favor of the LENDER or to refrain from such action, and the LENDER is entitled to demand such performance from the DEBTOR,

or

BOTH PARTIES act in relation to each other as LENDERS (in respect of rights) and DEBTORS (in respect of obligations).

DIFFERENCES FROM PROPERTY RIGHTS

Obligations are relative because they are characterized by a clear determination of the parties involved.

An obligation does not create an obligation for a third party.

In property relations, the satisfaction of interest is provided exclusively by the actions of the OWNER OF A THING, while in the field of obligatory rights, the satisfaction of interests of the AUTHORIZED PERSON is carried out as a result of the OBLIGOR`S actions.

If the regulation of their occurrence, protection and termination is important for property rights, the OBLIGATORY RIGHTS are also characterized by a clear REGULATION OF ACTIONS of the obligor.

A sign of obligation is the movement of goods.

The obligation reflects the dynamics (transfer) of civil rights and obligations, and property relations fix the statics of property rights, their belonging to a person.

Only things in tangible form can be the object of property relations.

The subject matter of an obligation is the behavior of OBLIGORS related to the transfer of relevant items of the civil turnover.

The obligatory relationship, unlike the tangible one, is always temporary.

The obligation arises as a result of both legal (deed) and illegal actions (tort).

Property rights do not arise as a result of offenses.

CREATION OF OBLIGATION.

The grounds for creation of obligation are the following: agreement and tort.

Contractual obligation is a legal relationship between parties arising by virtue of a contract that expresses their common will to achieve civil law results of a property or non-property nature.

Non-contractual obligation is a legal relationship between parties arising by virtue of

either

legal unilateral actions of a party (deeds or legal acts),

or

illegal acts of a party (tort), the consequences of which occur independently or even against their will.

Their content and consequences are determined by the mandatory provisions of civil law, which can not be changed by the parties to the obligation.