OBJECT OF OBLIGATION AS A THEORETICAL AND LEGAL CATEGORY

Abstract

This scientific article reveals the essence of the theoretical and legal category of the object of obligation. It is noted that one of the key categories of civil law, which has long attracted the attention of legislators and scholars, is commitment. Today there is no unambiguous position to define this concept. In this regard, the study of scientific doctrinal views and provisions of current regulations is relevant. There are various approaches to the definition of the main categories in the field of binding legal relations in the legislation and legal doctrine. Obligations are legal relations in which an authorized person, in order to exercise his civil rights, needs the assistance of another party - the obligated person. In practice, this is manifested as follows. For example, the buyer can actually get the thing he bought only with the help of the seller. It is concluded that the binding legal relationship is of a property nature; are relative legal relations; are diverse market relations; in the vast majority of debtors are obliged to take active (positive) actions within the obligation; not the possibility of allowing a unilateral waiver of the obligation or unilateral change of its terms; the essence of the subjective right to the obligation is the ability to demand certain behavior from the obligated person; based on the principles of good faith, reasonableness and justice, and others. The classification of obligatory legal relations is carried out. It is argued that the problematic issues concerning the object on the content of the obligatory relations, their subject composition, remain unresolved, which, in turn, leads to ambiguous case law in this area. It has been proven that the object of a binding relationship can be positive or negative. Most liabilities are characterized by an object that is active. However, there are cases in which the actions that are considered the object of the obligation are negative and usually coexist with the active actions, ie act as an additional object of the obligation. However, in some situations, these negative actions may be an independent obligation. An example of such an obligation is to keep the debtor from acting in the event of a threat of harm.