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Davudov D.A. The Legal Nature of Natural Obligations

DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.14

Davud A. Davudov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil and International Private Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-1706-6124


Introduction: the paper discusses the approaches to understanding the legal force of natural obligations. The author comes to the conclusion that the problem of regulating natural obligations in modern Russian civil law is complicated by the lack of legal fixation of such obligations. The analysis of the approaches of the civil scientists has shown that there is a unanimous opinion among the scientists about the need to recognize natural obligations as an integral element of the system of obligations in Russian civil law. The purpose of the work is to study the reasons for the creation of natural obligations, as well as their legal nature and settlement procedure. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the method of analysis and the formal logical method. Results: the approaches to understanding natural obligations in foreign and domestic civil law are studied and the prospects for legal registration of this type of obligations are revealed. Conclusions: due to their nature, natural obligations have not been enshrined in the legal documents for a long time, which has caused complications in protecting the creditors’ rights.

Key words: legal nature, obligation, natural obligation, obligation system, creditors.

Citation. Davudov D.A. The Legal Nature of Natural Obligations. Legal Concept, 2020, vol. 19, no. 1, pp. 102-107. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.14

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