Генезис правового регулювання недоговірних зобов’язань, що виникають з односторонніх правомірних дій
Genesis of legal regulation of non-contractual obligations arising out of unilateral lawful actions
Author(s): I. IhnatenkoSubject(s): Civil Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: one-way lawful actions; a public promise of remuneration; actions without an order; rescue;
Summary/Abstract: The evolution of the legal regulation of obligations on unilateral lawful acts, starting with the Roman private law, which defined the notion of obligation, as well as the classification of obligations was carried out. The first obligations were divided into those arising from the contract and for the offense . Over time, commitments from unilateral covenants or some other facts that are not related to contracts or offenses are distinguished. The Romans expanded the glories of the Tories, which identified some unilateral acts. The French Civil Code of 1804, as quasi-treaty, regulated the conduct of alien cases without commission and unfounded enrichment. The German Civil Code regulated such obligations on unilateral lawful actions: a public promise of remuneration, a competition and the conduct of cases without a mandate. These codified normative acts have had a great influence on the legislation of pre-revolutionary Russia. The German Civil Code served as the basis for the Central Committee of the UkrSSR as an indirect link of the reception of Roman private law. The Central Committee of Ukraine introduced a classification of obligations on a contractual and non-contractual basis. The latter include, in particular, obligations of unilateral lawful actions, such as a public promise of remuneration, the commission of actions in the property interests of another person without its commission, the salvation of the health and life of an individual, the property of a natural or legal person, the acquisition, preservation of property without sufficient legal basis. There are tendencies in the settlement of obligations on unilateral lawful actions at the level of a separate institute sub-branch of obligatory law and the allocation of subspecies of such obligations within the species.
Journal: Теорія і практика правознавства
- Issue Year: 2/2017
- Issue No: 12
- Page Range: 1-16
- Page Count: 16
- Language: Ukrainian