Legal obligation, its place and role in the theory of civil-law protection of state
https://doi.org/10.30729/2541-8823-2019-4-1-58-69
Abstract
The article is devoted to legal obligation and its influence as a legal institute. Any legal obligation becomes a substantive duty only when it is supported by the possibility and necessity of ensuring it through execution. The author presents different positions of scholars in the doctrine. The article outlines the mechanism of civil law protection of the state as a legal structure in civil legal relations; it indicates the specifics of the mechanism under consideration, its essentially complex nature; it talks about government officials minimizing the risks and the cost on the part of the state. The provisions of the Civil Code of the Russian Federation are shown as well. The analysis allows us to consider the theory of civil law protection of the state as a single system of specific elements and to argue that the current state of the mechanism for exercising civil liability of the state with certain attempts to reform it requires clarification.
About the Author
V. Babakov
Saratov State Law Academy
Russian Federation
Russian Federation
Vladimir Babakov, Professor, Candidate of Legal Sciences, Associate Professor
Department of Civil Law
410056; office 521, part 5, building 1 Vol’skaya St.; Saratov
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For citations:
Babakov V. Legal obligation, its place and role in the theory of civil-law protection of state. Kazan University Law Review. 2019;4(1):58-69. https://doi.org/10.30729/2541-8823-2019-4-1-58-69
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