ISSUES OF DEFINITION OF THE CONCEPT «OBLIGATION» IN LIGHT OF CHANGES OF THE CIVIL LEGISLATION

The article analyzes the modern concept of the obligation, as well as provides comparative-legal analysis of understanding of the civil law institution. The author reveals legal essence of obligation and its difference from the contract and agreement. New kinds of obligation not previously fixed in legislation are discussed, such as alternative and facultative ones. The special attention is given to renewal of the term of limitation of actions with recognition of the debt by debtor, which, according to the author, is new to the Russian civil law, however, will become an example of the «dead» norm. The new Russian civil law institution of influence on the debtor – astreinte – is examined.

civil law, obligation, contract, agreement, debtor, creditor, recognition of debt, limitation of actions, alternative obligation, facultative obligation, astreinte.

Kvitsinija N. V. Issues of definition of the concept of «obligation» in light of changes of the civil legislation // Business. Education. Law. Bulletin of Volgograd Business Institute. 2016. No. 2 (35). P. 190–193.