COMMITMENT
- One of the elements of civil relations. A. The essence lies in the fact that one person (the debtor) is obliged to make in favor of another (the creditor) a certain action or to refrain from doing, and the creditor has the right to require the debtor to fulfill this obligation.
The subject of the law of obligations are relations developing in the civil circulation. As a result, the legislative regulation of relations in the civil turnover, acquire legal form and become a liability. A. Parties are empowered - is entitled to demand from the obliged party fulfillment of certain active or passive action and ordered -Must make these active or passive actions. Owned the entitled party (the lender) a subjective right - the right to claim. The obligated party (the debtor), and behind it the duty - duty. The right of the creditor's claim and the debtor's obligation to repay the amount to the legal content of a liability relationship.
As the object O. act action debtors: the debtor is obliged to take some action (pass, run, pay) or to refrain from specified action, and the creditor has the right to demand from the debtor the performance of his duties.
Depending on the occurrence of all base OS are divided into:
1) contractual - arise on the basis of the concluded contract;
2) non-contractual O. assume as its founding other legal facts.
Within the framework of the treaty O. isolated groups: A. on sale of property, the provision of property for use, to perform work, to provide services, according to the calculations and crediting, insurance, joint activities on mixed O.
Non-contractual O. isolated groups: O. arising from unilateral transactions and enforcement O.
O. arise on the basis of certain legal facts, which are called bases of occurrence of A. The most common contracts are legal fact: the sale, exchange, donation, procurement, contracting, loans, property lease, rent, tenancy, contract, contract for capital construction, transportation, insurance, agency, commission, storage, and unilateral transactions: debt forgiveness, a public promise of a reward, and others.
The reason of occurrence of OA can be acts of state bodies and local self-government. Contents O. arising out of an administrative act shall be determined by this act.
Often, as the basis OS performs complex legal structure, which includes an administrative act and concluded on the basis of its agreement.
As grounds for the emergence of individual O. (compensation for damage caused to the person and property of a citizen) perform illegal actions (torts) and emerging on the basis of tort O. Obligation relationship can be generated by events, ie legal facts that do not depend on the will of the people.
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