Obligations with non-property content: on the need for legal recognition

Автор: Burdin K.K.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 10, 2024 года.

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Currently, the academic discourse surrounding the issue of obligations with non-property content has not reached a consensus, largely due to its underexplored nature. One of the fundamental problems of obligation law pertains to the existence of such obligations and, consequently, the organizational legal relationships that arise from them. The lack of recognition of these obligations results in a fragmented legal framework governing organizational relations, particularly evident in contracts between transport organizations, which are fundamentally a subtype of organizational contracts that stem from obligations characterized by non-property content. This article elucidates the principal features of such obligations, substantiating their categorical differentiation and providing an authorial definition. Furthermore, it argues for the possibility and necessity of their legal acknowledgment. In light of these considerations, a proposal is put forth for the amendment of legislation concerning the regulation of non-personal, non-property (organizational) relationships emerging from obligations with non-property content. The examination undertaken herein aims to provide clarity and coherence in the realms of obligation law and organizational relationships, advocating for a systematic approach in the regulatory framework to enhance legal certainty and facilitate the proper functioning of entities involved in such obligations.

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Obligations with non-property content, non-property obligations, non-property interest in the obligation, non-property value in the obligation, organizational relations, organizational legal relations, organizational contracts, transport organizational contracts, joint activities, joint activities of transport organizations

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Короткий адрес: https://sciup.org/149146955

IDR: 149146955   |   DOI: 10.24158/tipor.2024.10.24

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