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Journal articles on the topic 'Obligation'
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1
Gilbert, Margaret. "Obligation and Joint Commitment." Utilitas 11, no. 2 (July 1999): 143–63. http://dx.doi.org/10.1017/s0953820800002399.
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We speak of ‘obligations’ in many contexts. But what are obligations? I argue that obligations of an important type inhere in what I call ‘joint commitments’. I propose a joint commitment account of everyday agreements. This could explain why some philosophers believe that we know of the obligating nature of agreements a priori. I compare and contrast obligations of joint commitment with obligations in the relatively narrow sense recommended by H. L. A. Hart, a recommendation that has been influential. Some central contexts in which Hart takes there to be obligations in his sense are contexts in which there are obligations of joint commitment. Nonetheless different senses of ‘obligation’ appear to be at issue.
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Olejniczak, Adam. "Law of obligations in Poland: Selected issues." Pravovedenie 65, no. 1 (2021): 62–75. http://dx.doi.org/10.21638/spbu25.2021.104.
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The article provides a brief overview of the Polish law of obligations. In particular, the main sources of obligations are briefly presented, i. e., contracts, torts and unjust enrichment. Special attention is paid to mutual obligations, joint and several obligations, pecuniary obligations and obligations deriving from consumer contracts. The article discusses the legal instrument for concluding a contract such as preliminary contract, and also performance, discharge and remedies for breach of contract. In particular, the consequences of delay in the performance of an obligation and the types of such delay are considered. The author pays special attention to the issues of liability for non-performance of obligations, in particular, compensation for losses from non-performance. The article reveals the content of the pacta sunt servanda principle in Polish law and the existing exceptions to this rule. Such a method for the termination of an obligation is specifically considered, in addition to its performance, as a set-off. The author presents different measures that may discipline the parties to perform the obligation, such as contractual penalties and earnest money deposit. Finally, the article addresses the notion of damage, principles of liability and obligation to compensate. When describing the obligations from unjustified enrichment, special attention is paid to the fact that the loss of enrichment excludes its reclamation from the enriched person if he lost the enrichment without knowing about the obligation’s existence. In regard to tort law, it is emphasized that there are cases of innocent liability for causing harm in Polish law as an exception to the general rule. Only illegal actions or omissions can be qualified as guilty and entail responsibility. Polish law does not recognize the general obligation to refrain from causing harm. The culpability of misconduct is presumed. In some cases, the behavior cannot be recognized as illegal, even if it violates the general prohibition established by law. In particular, this concerns causing harm in the case of necessary defense, extreme necessity, permissible self-help and in a number of other cases.
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Tamminga, Allard, and Frank Hindriks. "The irreducibility of collective obligations." Philosophical Studies 177, no. 4 (January 12, 2019): 1085–109. http://dx.doi.org/10.1007/s11098-018-01236-2.
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Abstract Individualists claim that collective obligations are reducible to the individual obligations of the collective’s members. Collectivists deny this. We set out to discover who is right by way of a deontic logic of collective action that models collective actions, abilities, obligations, and their interrelations. On the basis of our formal analysis, we argue that when assessing the obligations of an individual agent, we need to distinguish individual obligations from member obligations. If a collective has a collective obligation to bring about a particular state of affairs, then it might be that no individual in the collective has an individual obligation to bring about that state of affairs. What follows from a collective obligation is that each member of the collective has a member obligation to help ensure that the collective fulfills its collective obligation. In conclusion, we argue that our formal analysis supports collectivism.
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Sinnott-Armstrong, Walter. "Nihilism and Scepticism About Moral Obligations." Utilitas 7, no. 2 (November 1995): 217–36. http://dx.doi.org/10.1017/s0953820800002053.
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There are many disagreements about what people have moral obligations to do, but almost everyone believes that some people have some moral obligations. Moreover, there are some moral obligations in which almost everyone believes. For example, if I promise to give a talk at this conference, I have a moral obligation to do so. Of course, my obligation might be overridden. Moreover, even if my obligation were overridden, I would still have a moral obligation to give a talk at this conference.
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Oh, Jeewon, and Han Na Lee. "OBLIGATIONS IN JAPAN: A THREE-YEAR LONGITUDINAL STUDY OF MID-LIFE ADULTS." Innovation in Aging 7, Supplement_1 (December 1, 2023): 1090. http://dx.doi.org/10.1093/geroni/igad104.3501.
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Abstract Obligations embody a sense of responsibility, whether they are directed toward close relationships or the broader public community. Middle-aged adults may find themselves in increased caregiving roles, but research examining the role of their obligation on their well-being and relationships is scarce. Across studies, obligation is linked with both positive (e.g., higher well-being and relationship quality) and negative outcomes (e.g., greater burden). A previous study in the U.S. suggested that these mixed findings may be partially because there are various types of obligations that differ on the level of investment. Given the Japanese collectivistic culture that values intricate social connection, their obligation may take on a different form and play a different role. We used two waves of data from the Midlife in Japan Project (2009-2012). Participants were 371 middle-aged adults (M = 55.47, SD = 14.04, 56.02% women, 43.98% men, 71.73% married) living in Japan. We factor-analyzed the structure of obligation and found a 3-factor solution fit best (e.g., RMSEA = .06, SRMR = .01, CFI = 1.00). Obligation could be characterized by holding light and substantive obligations to close others and obligations to the public community. Results suggest differential links between the types of obligation and well-being outcomes. For instance, light obligation predicted less negative affect (β = -.24, p = .035) after three years, but otherwise, other types of obligation did not predict positive or negative affect. Links with relational outcomes (e.g., support/strain) and implications of midlife obligations will be discussed.
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Lim, Jeonghee. "Due Diligence and the Protection of the Marine Environment." Korea International Law Review 64 (February 28, 2023): 183–210. http://dx.doi.org/10.25197/kilr.2023.64.183.
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The Part XII of the UNCLOS, entitled “Protection and Preservation of the Marine Environment,” is by nature a framework and does not contain detailed norms and contents. Therefore, the role of due diligence in understanding and implementing marine environmental protection is critical. Due diligence can fill the gap in the content of specific obligations, serve as a criteria for fulfilling the obligation to protect the marine environment, and act as a factor to strengthen such obligation.
With regard to the obligation to protect the marine environment, considering it merely element for determining breach of the obligations in the context of “State responsibility” has a limitation. Because the nature of the marine environment protection obligation requires the prevention of the pollution or harm to the marine environment. Given the nature of the primary obligation, due diligence can perform the function to bridge the gap between primary and secondary obligations. As due diligence is a flexible and variable concept, states can strengthen obligations to protect the marine environment and prevent marine pollution by reflecting the higher standards enabled by technological development.
However, there is a concern that the flexible nature of this concept allows countries to have broader discretion in fulfilling obligations. This is because there is room for countries to interpret the degree of their obligations differently due to the subjective characteristics of expressions such as “all appropriate,” “as much as possible,” “necessary,” and “effective.” Recognizing these limitations, it would be desirable to enforce compliance with the proceduralization of the due diligence obligations. This includes developing each procedural obligation for the protection of marine environment and defining the forms and criteria of the due diligence obligation within the context of each procedural obligation. By doing so, countries can ensure that due diligence is implemented consistently and effectively in protecting the marine environment.
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Hama Rahim, Falah Ali, and Esmail Namiq Hussain. "Subordination Relationship and its Applications within the Scope of the Obligation’s Transmission." Halabja University Journal 8, no. 2 (June 30, 2023): 130–45. http://dx.doi.org/10.32410/huj-10468.
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The subordination relationship exists in the Iraqi civil law in many legal texts, and in different applications, including the subordination of rights and obligations. This is because the concept of subordination obligations includes every obligation that does not exist independently, but rather its existence is based on an original obligation that revolves with it existence and non-existence, validity, nullity, transition and expiration, this is based on the rules of (subordinate is subordinate) and (subordinate does not singularly rule) . And the dependency relationship between the original obligation and the accessory obligation, makes the original obligation the main and effective influence in the subsidiary obligations, so that the accessory obligation follows the original obligation in its transition and stability, and if the original obligation is transferred and has rights or obligation to follow it, it follows it in moving in; Because it is related to it. And then there is the general rule in the Iraqi civil law that the personal rights and obligations are transferred with the thing transferred from the custody of the predecessor to the responsibility of the special successor if certain conditions are met, and this is considered an application of the idea of subordination. In addition to the special rules represented in the implementation of the transfer of subsidiary obligations according to the original obligation on which they are based. And since the origin is the transfer of rights and obligations as a subordinate to the obligation or to the original subordinate right, but there are some exceptions that the subordinate does not transfer by the transmission of the subordinate. This study came under the title "The relationship of subordination and its applications within the scope of the transition of commitment" with the aim of defining the meaning of the relationship of dependency and the nature of the relationship that arises as a result of that and the consequent provisions in the scope of the transition of commitment, and an attempt to frame the scattered applications within the framework of a general idea that includes: All of its applications and its return to its origins.
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Choo, Frederick. "The Prior Obligations Objection to Theological Stateism." Faith and Philosophy 36, no. 3 (2019): 372–84. http://dx.doi.org/10.5840/faithphil201981126.
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Theological stateist theories, the most well-known of which is Divine Command Theory (DCT), ground our moral obligations directly in some state of God. The prior obligations objection poses a challenge to theological stateism. Is there a moral obligation to obey God’s commands? If no, it is hard to see how God’s commands can generate any moral obligations for us. If yes, then what grounds this prior obligation? To avoid circularity, the moral obligation must be grounded independent of God’s commands; and therefore DCT fails to ground all moral obligations in God’s commands. I argue that DCT proponents should embrace “metaethical DCT.” On this view, there is no moral obligation to obey God. God creates our moral obligations out of normative nothingness. I argue that this helps DCT proponents to escape the prior obligations objection. Other theological stateist theories can modify their theory similarly to meet this objection.
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Klosko, George. "The Moral Force of Political Obligations." American Political Science Review 84, no. 4 (December 1990): 1235–50. http://dx.doi.org/10.2307/1963261.
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Political obligations vary in force. Though we have strong obligations to obey certain laws, our obligations to obey others appear to be considerably weaker. Because the weakness of the obligations to obey certain laws has been employed as an argument against the existence of general prima facie political obligations, an adequate theory of political obligation must account for this. By employing the obligation to keep promises as a model, I sort out the factors that contribute to the force of prima facie political obligations. Their varying force can be explained according to a general theory of political obligation founded on the principle of fairness.
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Elrakaiby, Yehia, Frédéric Cuppens, and Nora Cuppens-Boulahia. "An Integrated Approach for the Enforcement of Contextual Permissions and Pre-Obligations." International Journal of Mobile Computing and Multimedia Communications 3, no. 2 (April 2011): 33–51. http://dx.doi.org/10.4018/jmcmc.2011040103.
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Pre-obligations denote actions that may be required before access is granted. The successful fulfillment of pre-obligations leads to the authorization of the requested access. Pre-obligations enable a more flexible enforcement of authorization policies. This paper formalizes interactions between the obligation and authorization policy states when pre-obligations are supported and investigates their use in a practical scenario. The main advantage of the presented approach is that it gives pre-obligations both declarative semantics using predicate logic and operational semantics using Event-Condition-Action (ECA) rules. Furthermore, the presented framework enables policy designers to easily choose to evaluate any pre-obligation either (1) statically (an access request is denied if the pre-obligation has not been fulfilled); or (2) dynamically (users are given the possibility to fulfill the pre-obligation after the access request and before access is authorized).
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Sinaga, Jonny. "Kewajiban Negara dalam ICCPR." Jurnal Hak Asasi Manusia 4, no. 4 (August 30, 2021): 38–47. http://dx.doi.org/10.58823/jham.v4i4.42.
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The ratification of the International Covenant on Civil and Political Rights (JCCPR) has brought new obligations for the Government of the Republic of Indonesia. These obligations consist of general obligation and specific obligation. The general obligation of the Indonesian Government is to take appropriate measures and to develop appropriate policies so as to give effects to the rights in the Covenant. In addition, the Indonesian Government is also expected to fulfill its reporting obligations to the Secretary General of the United Nations with regard to the implementation of the Covenant.
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DANAHER, JOHN. "Stumbling on the threshold: a reply to Gwiazda on threshold obligations." Religious Studies 48, no. 4 (February 27, 2012): 469–78. http://dx.doi.org/10.1017/s0034412512000029.
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AbstractBayne and Nagasawa have argued that the properties traditionally attributed to God provide an insufficient grounding for the obligation to worship God. They do so partly because the same properties, when possessed in lesser quantities by human beings, do not give rise to similar obligations. In a recent paper, Jeremy Gwiazda challenges this line of argument. He does so because it neglects the possible existence of a threshold obligation to worship, i.e. an obligation that only kicks in when the value of a parameter has crossed a certain threshold. This article argues that there is a serious flaw in Gwiazda's proposal. Although thresholds may play an important part in how we think about our obligations, their function is distinct from that envisaged by Gwiazda. To be precise, this article argues that thresholds are only relevant to obligations to the extent that they transform a pre-existing imperfect obligation or act of supererogation into a perfect obligation. Since it is not clear that there is an imperfect obligation to worship any being, and indeed since on a certain conception of moral agency it is highly unlikely that there could be, the search for a rational basis for the obligation to worship must continue.
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Popovych, Tereziia. "Social obligations: theoretical and legal aspects." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 71–74. http://dx.doi.org/10.36695/2219-5521.1.2020.12.
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The article is devoted to the study of the nature of social obligation, its genesis and variants. It has been established that historically social obligations have arisen with the emergence of the beginnings of morality in human society and the awareness of human responsibility towards one another within their community. In the future, with the development of humanity and the diversity of social interactions, the institute of obligation was modified to take on new features. Thus, if in the early periods of existence of human society, it was impossible to speak about their belonging to the legal field, given the absence of any, at least minimal, fixation of this category at the normative level, then the development of law and legislation led to the emergence of legally binding obligations. It has been researched that social obligation means a socially recognized need for a certain behavior of a person, a kind of proper or useful, which is objectively conditioned by the needs of existence and development of other persons, social groups, nations, humanity.
The article also analyzes that, depending on the particular nature of the emergence of specific social obligations, the characteristics of the subject that establishes them, and defines the guarantees of its implementation, distinguish varieties of social obligation. Allocated moral obligations, religious obligations, corporate, professional, legal and other obligations. Moreover, the author considers it inappropriate to completely differentiate between these phenomena, since all of them, as embodiments of certain socially necessary behavior, are interconnected and can be considered as a logical continuation of each other.
In addition, it is emphasized that the substantive characteristic of a legal obligation as a special type of social obligation is a "legal necessity". The latter, on the one hand, indicates that the obligation exists and develops within the limits of the lawful and statutory conduct required by law. On the other hand, it expresses the content of the obligation and its inherent behavior. The "need" to disclose the obligation plays the same role that the "opportunity" plays in the concept of the rights and freedoms of the individual.
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CHATTERJEE, KRISHNENDU, and NIR PITERMAN. "OBLIGATION BLACKWELL GAMES AND P-AUTOMATA." Journal of Symbolic Logic 82, no. 2 (June 2017): 420–52. http://dx.doi.org/10.1017/jsl.2016.71.
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AbstractWe generalize winning conditions in two-player games by adding a structural acceptance condition called obligations. Obligations are orthogonal to the linear winning conditions that define whether a play is winning. Obligations are a declaration that player 0 can achieve a certain value from a configuration. If the obligation is met, the value of that configuration for player 0 is 1.We define the value in such games and show that obligation games are determined. For Markov chains with Borel objectives and obligations, and finite turn-based stochastic parity games with obligations we give an alternative and simpler characterization of the value function. Based on this simpler definition we show that the decision problem of winning finite turn-based stochastic parity games with obligations is in NP∩co-NP. We also show that obligation games provide a game framework for reasoning about p-automata.
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Chegovadze, L. A., and T. V. Deryugina. "The Legal Nature of Payment for Unilateral Refusal to Fulfill an Obligation." Actual Problems of Russian Law 16, no. 9 (October 24, 2021): 57–65. http://dx.doi.org/10.17803/1994-1471.2021.130.9.057-065.
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The paper analyzes the possibility of unilateral refusal to fulfill an obligation through the payment of a monetary sum. The multidimensionality of the development of a legal relationship related to the fulfillment of an obligation is investigated in the context of the opportunity to use various legal remedies at each stage of a legal relationship. The paper shows the transformation of the legal statuses of the creditor and the debtor in the process of exercising rights and fulfilling obligations. It is substantiated that, depending on the stage of development of the legal relationship in mutual obligations, the creditor and the debtor alternately change their capabilities to demand performance and fulfill obligations. Failure to fulfill an obligation at any stage leads to the possibility of making claims for the protection of the right. It is indicated that the agreement in the contract of the obligation of the debtor to pay the creditor a certain amount of money in the event of refusal to perform the obligation does not change the legal nature of the obligation and does not make it monetary. It is proved that the refusal to fulfill the obligation becomes legally possible only after the fulfillment of the obligation to pay the counterparty a sum of money. The author establishes the legal nature of such a replacement in comparison with the novation of debt into a debt obligation. It is proved that a different interpretation of the law violates the balance of interests between the debtor and the creditor.
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Zhang, Tao, Hong Xie, and Shao Bin Huang. "A Formal Method of Obligation Policy for Agent Interaction." Applied Mechanics and Materials 571-572 (June 2014): 481–89. http://dx.doi.org/10.4028/www.scientific.net/amm.571-572.481.
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In Multi-Agent System, obligations are actions that agents are required to take or some states of affairs which should be maintained, formal modeling and verifying obligation policy which is high-level requirements specifications or communication protocol for constraining agent interaction can enhance the correctness of the system design. Therefore, in this paper a formal framework language for modeling obligation policy is introduced. In this method, the obligations are defined as a special social commitment, the state models of obligation are defined by classifying the obligation. Then we use the policy context and state model to formal the dynamic execution of obligation policy, finally the operational semantics of the framework language is defined as a state transition system which has Kripke semantic structure and it can be as formal foundation for model checking.
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Ganis Sukoharsono, Eko, Purweni Widhianingrum, and Alan Smith Purba. "CONSTRUCTING A HIERARCHICAL PYRAMID OF CORPORATE SOCIAL RESPONSIBILITY: A MODEL FROM LEGAL AND ECONOMIC TO SPIRITUAL OBLIGATION." International Journal of Accounting and Business Society 29, no. 1 (April 1, 2021): 169–96. http://dx.doi.org/10.21776/ub.ijabs.2021.29.1.8.
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Purpose — The objective of the study is to construct a hierarchical pyramid of corporate social responsibility which provides a new model from economic to spiritual obligation of a corporation. Design/methodology/approach — The research method of the study utilizes an imaginary dialogue of the postmodernist paradigm. The imaginary dialogue is used of two persons which are an accountant and a stockholder of a company. Findings — The result of the study is a hierarchical pyramid of corporate social responsibility constructed. The study also defines detail of the levels. Firstly, the legal obligation is the basic obligation which a corporation has responsible for obeying the law. Secondly, the economic obligation is a corporate responsibility for accelerating economically and profitably for the corporation going concerned. Thirdly, the social philanthropic obligation is responsible for caring for society at a large. Fourthly, the environmental obligation is responsible for preserving natural environments like a large. Lastly, the spiritual obligation is responsible for being fully aware of the internal corporation, society, environments, state, and God. Practical Implications — The hierarchical pyramid is a model of corporation obligations started from the level of legal, economic, Social philanthropic, environmental, and spiritual obligations. Originality/value — The model of this study is derived from the analysis of corporate obligation using a postmodernist paradigm. Keywords: corporate, economics, postmodernism, economic obligation, spiritual obligation Paper Type Research Paper.
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Johan, Suwinto. "Separatist Creditors Problems on Postponement of Debt Payment Obligations Based on the Supreme Court’s Decree Number 30/KMA/SK/I/2020." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 3 (June 29, 2021): 207–20. http://dx.doi.org/10.25041/fiatjustisia.v15no3.1956.
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Debt Payment Obligation postponement is an effort for creditors and debtors to settle the debts with a more efficient process. The creditor of a company consists of concurrent and separatist creditors. Based on the Supreme Court Decree Number 30/KMA/SK/I/2020 Book I on the Guidelines for the Settlement of Requests for Bankrupt and Postponement of Debt Payment Obligation of the Supreme Court of the Republic of Indonesia, the creditors who can submit Postponement of Debt Payment Obligation (PKPU) are only concurrent creditors. The separatist creditors are not allowed to submit PKPU. This is different from the Bankruptcy and the Postponement of Debt Payment Law Number 37 of 2004. Based on Law Number 37 of 2004, Creditors who can submit Postponement of Debt Payment Obligation are creditors who estimate that the debtor cannot continue to pay debts that are due and can be billed, can request that the debtor be given a postponement of debt payment, to enable the debtor to submit a reconciliatory proposal which includes offering the payment of part or all of the debt to the creditor. However, based on the Supreme Court Decree, only the concurrent creditor can submit Debt Payment Obligation’s postponement. As a result of this Supreme Court Decree, the separatist creditors cannot apply for Debt Payment Obligation postponement. Separatist creditors can propose the postponement of debt payment obligations if the separatist creditor has turned into a concurrent creditor. Separatist creditors become concurrent creditors if the collateral provided value is insufficient for the company’s obligations so that the separatist creditors can propose to be part of the concurrent creditors. By becoming a concurrent creditor, the separatist creditors can submit to be part of the peace proposal and distribute the remaining company assets.
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Aas, Sean. "Distributing Collective Obligation." Journal of Ethics and Social Philosophy 9, no. 3 (June 5, 2017): 1–23. http://dx.doi.org/10.26556/jesp.v9i3.91.
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In this paper I develop an account of member obligation: the obligations that fall on the members of an obligated collective in virtue of that collective obligation. I use this account to argue that unorganized collections of individuals can constitute obligated agents. I argue first that, to know when a collective obligation entails obligations on that collective’s members, we have to know not just what it would take for each member to do their part in satisfying the collective obligation, but also what they should do if they cannot do their part because others will not do theirs. I go on to argue (contra recent proposals) that it is not good enough for members in this situation to reasonably believe that others will not do their part. Rather, for a member of an obligated collective to permissibly escape doing her part in a collective obligation, she must both reasonably doubt that others will do their part and stand ready to act in case others do as well.
This necessary condition for collective obligation points the way to plausible sufficient conditions – conditions that, I argue, allow unstructured collectives to bear obligations. For (a) if a collective’s members are individually obligated to be ready to do their part, in a given collective action, and (b) if that individual readiness makes it sufficiently likely that the collective will in fact act, then it is hard to see what could block an attribution of collective obligation. In particular, in that case there ought to be no additional objection that there is no existing, organized “agent” on which the obligation might fall. For agents are, simply, things that can act. To be able to act is just to be able to succeed by trying. Unstructured collectives try to do something, I argue, when each member acts on their willingness to do their part in that thing if others do theirs; sometimes they succeed, producing a collective action. Some unstructured collectives, therefore, can succeed by trying; therefore, they can act; therefore they are agents.
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Anderson, Scott. "On Sexual Obligation and Sexual Autonomy." Hypatia 28, no. 1 (2013): 122–41. http://dx.doi.org/10.1111/j.1527-2001.2012.01274.x.
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In this paper, I try to make sense of the possibility of several forms of voluntarily undertaken “sexual obligation.” The claim that there can be sexual obligations is liable to generate worries with respect to concerns for gender justice, sexual freedom, and autonomy, especially if such obligations arise in a context of unjust background conditions. This paper takes such concerns seriously but holds that, despite unjust background circumstances, some practices that give rise to ethical sexual obligations can actually ameliorate some of the problems caused by such background conditions. Similarly, despite a surface appearance that sexual obligation and sexual autonomy are in tension, this need not be the case. By understanding how practices and conventions regulate the way such obligations can arise, this paper shows how supporting the possibility of sexual obligation can actually facilitate individual efforts to achieve sexual autonomy.
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Alyakin, D. S. "Due Performance of Contractual Obligations in the Context of Amendments to the Civil Code of the Russian Federation." Journal of Law and Administration 18, no. 3 (October 18, 2022): 39–47. http://dx.doi.org/10.24833/2073-8420-2022-3-64-39-47.
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Introduction. The paper examines the structure of due performance of obligations, as well as analyses the principal amendments to the civil law regulation of the relevant relations.Materials and methods. The research material consisted of the Civil Code of the Russian Federation, jurisprudence, and scientific studies in the field of civil law. The methodological basis was composed of general scientific (analysis, synthesis, and analogy) and special legal methods (comparative-legal, formallogical, systemic, structural-functional methods, and method of interpretation).Research results. The author notes that the amendments to the Civil Code of the Russian Federation and their construction by the Plenum of the Supreme Court of the Russian Federation, despite their focus on ensuring the due performance of obligations and increasing the protection level of rights and legitimate interests of parties, have both advantages and disadvantages that require further study and revision. These amendments are considered in the context of the specific performance of an obligation in relation to the due subject, persons, method, date, venue.Сonclusion. The provisions on legal interest, differentiation between debt and payment currencies, alternative and optional obligations, additional requirements for performing an obligation to a due person, conditional performance of an obligation, possibility to set a date for performing an obligation which is linked to certain actions being performed by a party to a contract or concrete circumstances, date and venue of the performance of an obligation, which were included in the legislation, are well formulated. At the same time, it seems that the legal rules on the transfer of a creditor’s rights to a third party who performed the obligation instead of a debtor, performance of an obligation by a third party, partial performance of an obligation, early performance of an obligation require adjustments.
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Gruzdev, Vladislav V. "DYNAMICS OF AN OBLIGATION RESULTING FROM ITS VIOLATION BY ONE OF THE PARTIES." Economy and law 1 (January 18, 2024): 16–30. http://dx.doi.org/10.18572/0134-2398-2024-1-16-30.
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The article is devoted to the study of the legal consequences of the violation of the obligation. The conclusion is made that the civil legal category embracing all the variety of cases of illegal behavior of participants in the turnover occurring in practice is a violation of the universal imperative as an integral legal fact. With regard to obligations, the violation of the universal imperative is expressed in the violation by any of the parties of the obligations included in the content of the legal relationship: the complete non-fulfillment by the party of all its obligations (non-fulfillment of the obligation); the non-fulfillment by the party of part of its obligations or the fulfillment by the party of at least all of its obligations, but with a deviation from the established requirements (improper fulfillment of the obligation).
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Harris, John R. "Utilitarianism, Derivative Obligations, and the Problem of Political Obligation." Southwest Philosophy Review 39, no. 2 (2023): 105–7. http://dx.doi.org/10.5840/swphilreview202339252.
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Popovych, T. "The nature of obligation in the views of J. St. Mill and J. Austin." Uzhhorod National University Herald. Series: Law 1, no. 73 (December 10, 2022): 31–36. http://dx.doi.org/10.24144/2307-3322.2022.73.5.
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The article is devoted to the analysis of the nature of obligations in the light of the views of certain thinkers of utilitarianism and positivism, namely: J.St. Mill and J. Austin. The author emphasizes that the utilitarian vision of J.St. Mill, first of all, connects obligation not so much with the desire to maximize good in society, but with minimizing harm from the actions of individuals. The obligation is characterized by compulsion to certain socially useful actions, for failure of which the individual may be held liable. At the same time, he is obliged to refrain from everything that harms others. Therefore, an obligation is what can be demanded from a person. According to the thinker, the sphere of moral obligations includes rules that determine exactly those obligations that society has approved for fulfillment. The criterion of the correctness of our actions is the extent to which they contribute to the achievement of happiness - the highest goal of human aspirations. The motives for fulfilling moral obligations are the so-called external and internal moral sanctions. According to J. St. Mill, justice involves not only the obligation to do right (and not to do wrong), but also the demand of certain persons regarding what they have a moral right to do.
At the same time, the teaching of J. Austin (the so-called theory of orders) regulates a strict concept of obligations that permeates the entire legal system. The obligation is embodied in an order, implemented through the law, provided with a sanction. The sanction is a necessary element of the law, in its absence the binding effect of legal norms loses its force. The English scientist somewhat radicalizes the doctrine of obligations: the existence of rights is possible only due to the existence of obligations. The fulfillment of a obligation is the fulfillment of the will of a person (God, a sovereign or a private individual) who possesses power (supremacy). It should be noted that only in the context of religious obligations, which derive from divine laws, the scientist talks about the motivation of fulfilling obligations - the greatest happiness for all people. In the remaining cases, the implementation of the orders of superiors by inferiors is assumed to be uncompromising and does not take into account the will of the individual. Society becomes a community of people in which obligation reigns, thanks to which development and provision of good for all is possible.
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Cherneha, Vitalii. "The mechanism for legal regulation of business entities' tortious obligations in Ukraine." Multidisciplinary Reviews 6, no. 2 (August 4, 2023): 2023020. http://dx.doi.org/10.31893/multirev.2023020.
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This study seeks to build a theoretical concept of the mechanism for the legal regulation of business entities' tortious obligations in Ukraine. To achieve the objective of the study described below, the following scientific cognition methods have been used: analysis, analogy, deduction, induction, synthesis, legal and historical, systematic and functional methods. The mechanism for legal regulation of business entities' tortious obligations constitutes a set of legal tools (civil law means, ways and forms), the coordinated interaction of which can regulate relations in tort. The mechanism for legal regulation of business entities' tortious obligations includes tort law provisions, jural facts, business entities' tortious obligations, exercising subjective rights and fulfilling obligations by business entities liable for torts. Based on the analysed Ukrainian legislation, the following types of business entities' tortious obligations have been distinguished: the obligation to reimburse the affected party for damages caused by the source of major hazard; the obligation of an individual and legal entity (business entity) to reimburse the affected party for damages caused by their/its employee; the obligation of a business entity to reimburse its employee for damages caused to their life and health; and the obligation to reimburse the affected party for damages caused by defective goods and services.
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Alessi, Dario. "The Distinction between Obligations de Résultat and Obligations de Moyens and the Enforceability of Promises." European Review of Private Law 13, Issue 5 (October 1, 2005): 657–92. http://dx.doi.org/10.54648/erpl2005041.
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The distinction between obligations de résultat and obligations de moyens was proposed at the beginning of the last century by Demogue, a famous French scholar. According to the distinction, while an obligation de résultat is directed at guaranteeing the attainment of a specific result, an obligation de moyens consists of the employment of the duty of care in performing a contractual obligation. Such distinction gained some success and was transplanted in many jurisdictions. This contribution considers the distinction between obligations de résultat and obligations de moyens as a juridical epiphany of those conceptions of contract law founding the enforceability of promises on the mere will of the parties. In this contribution two questions are posed: the first concerns the conditions under which responsibility for breach of contract is triggered and the second deals with the extent to which the promisor shall be bound to the given promise. By providing an answer to these questions, this contribution reveals that the distinction between obligations de résultat and obligations de moyens is logically based upon a questionable method of abstraction rooted in the evolution of the law towards the abandoning of the traditional ideas and concepts having characterized contract law for centuries. The historical process of abandonment of the criteria of enforceability of promises, with particular regard to the subjectivization of causa, has provided the conceptual grounds for the coming into existence of the distinction between obligations de résultat and obligations de moyens. The distinction between obligations de résultat and obligations de moyens is based upon the reduction of causa to any subjective reason or motive for contracting. Precisely, the distinction between obligations de résultat and obligations de moyens holds and presupposes causa as the promisor?s subjective motive to which the obligation tends and which shall be realized by the promise. This process is however flawed since causa in its objective meaning represents something unavoidable for the enforcement of promises. The existence of causa (intended as the contractual exchange) represents a juridical necessity in contracts. Although shaped into different forms, the objective contractual exchange represents the same entity for every obligation; thus, in every obligation the requirement of an objective causa must exist to make it enforceable. As the necessity of the existence of an objective causa is ascertained, the validity of the distinction between obligations de résultat and obligations de moyens is strongly challenged.
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Yuzhanin, Nikolay V. "Auxiliary law enforcement actions of the creditor in obligations." Current Issues of the State and Law, no. 20 (2021): 792–99. http://dx.doi.org/10.20310/2587-9340-2021-5-20-792-799.
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We analyze some of the creditor’s law enforcement actions in obligations, which in the theory of civil law have become accepted to be called creditor obligations. We dispute the thesis that it is possible to classify as obligations those actions that help in the implementation of creditor’s subjective right and are part of the mechanism for its implementation. We provide an analysis of a number of creditor’s necessary actions, which act auxiliary to the basic action to implement the subjective right in obligation. We propose to abandon the concept of “obligation” in relation to those creditorial en-forcement actions, the failure of which entails sanctions that are not related to liability measures. We establish that in the obligation within the framework of mutual subjective rights and obligations, there are creditor actions that do not contain leading economic significance, but have an auxiliary nature, ensure the fulfillment of the main economic obligations arising in the basic commodity-money relationship. The creditor’s law enforcement actions include not only the acceptance of performance, but also other organizational actions of an actual nature, which, ultimately, are aimed at fulfilling the obligation by both parties. The non-fulfillment of the creditor's law enforcement actions does not entail direct responsibility for their non-fulfillment, only indirect possibilities of influencing the counterparty are established. The indirect means of influencing the creditor include the delay in fulfilling the obligation as a measure of operational impact.
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Birks, Peter. "Lionel Cohen Lecture: The Content of Fiduciary Obligation." Israel Law Review 34, no. 1 (2000): 3–38. http://dx.doi.org/10.1017/s0021223700011870.
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Fiduciary obligations form a sub-set of those primary obligations the breach of which constitutes a civil wrong. Only by starting from the obligation of the express trustee can one establish a clear picture of their content. ‘Fiduciary’ is one vehicle for exporting incidents of the express trust by analogy. The trustee's obligation differs from other primary obligations in the degree of altruism which it requires. The trustee must not only take care of the interests of another but must do so disinterestedly. This is the third and highest degree of legally obligatory altruism. The question then arises whether the trustee's obligation mutates when imposed on non-trustees. The core obligation never changes. A sub-problem then emerges: Can negligence be a breach of any one of three different primary duties and hence three different wrongs: breach of contract, tort, and breach of fiduciary duty? The last section of the lecture looks for the best way to dispel that illusion.
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Krasyukov, A. V. "Tax obligation fulfillment." Law Enforcement Review 5, no. 4 (January 6, 2022): 135–47. http://dx.doi.org/10.52468/2542-1514.2021.5(4).135-147.
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The subject. The article is devoted to the study of the mechanism of tax obligation fulfillment. The author established that there are several points of view in understanding the legal essence of the fulfillment of an obligation in Russia and abroad: 1) contractual theories (the general contractual theory, the theory of a real contract, the limited contractual theory); 2) the theory of target impact; 3) the theory of real impact.The purpose of the article is to determine the legal essence of tax obligation fulfillment, to study the concept of the tax obligation fulfillment, the mechanism for exercising subjective rights and obligations, and the criteria for the proper fulfillment of a tax obligation.The methodology. The author uses general and specific scientific methods of scientific research: observation, systemic-structural, dialectical, analysis, comparative jurisprudence and others.The main results, scope of application. There are two sides of the tax obligation fulfillment: legal and factual. From an actual point of view, the tax obligation fulfillment is a set of operations by its parties with the object of the obligation. As a result, the object of the obligation must pass from one owner to another. From a legal point of view, the tax obligation fulfillment always represents the realization of its content through the exercise of rights and the fulfillment of obligations.The author believes that the tax obligation fulfillment should not be equated with the fulfillment of the obligation to pay tax, since not every obligation is executed through the payment of tax. In this regard, a situation may arise when the obligation is properly fulfilled by the debtor, and the creditor does not receive the property grant (for example, if a loss is received at the end of the tax period).The mechanism of the implementation of subjective tax rights and the fulfillment of obligations is a certain system of legal means and algorithms of behavior that allow to determine the appropriate size of the claim of a public law entity on the taxpayer's property and ensuring the transfer of the monetary is equivalent to this economic benefit to the budget system. This mechanism is a set of algorithms for the behavior of subjects of tax liability, defined by law, using specific legal means. As such means, depending on the party of the tax obligation, the law provides, for example, a tax return, a requirement to pay tax, etc. The mechanism of exercising subjective rights and fulfilling obligations includes the following stages: 1) pre-implementation; 2) procedural implementation; 3) actual implementation; 4) protection of the violated right.The author identifies five criteria for the proper fulfillment of a tax obligation: 1) the proper subjects of execution; 2) the proper place; 3) the proper time; 4) the proper object; 5) the proper way.Conclusions. The legal essence of the tax obligation fulfillment can be characterized as a transaction between its parties, aimed to mutual termination and the emergence of the rights of its parties. In order to protect the rights of bona fide taxpayers the author proposes to enshrine in tax legislation a ban on contradictory behavior in the process of fulfilling a tax obligation.
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Popovych, T. "Obligation according to G. W. F. Hegel’ Doctrine." Uzhhorod National University Herald. Series: Law 1, no. 74 (January 31, 2023): 35–40. http://dx.doi.org/10.24144/2307-3322.2022.74.5.
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The article is devoted to the analysis of the nature of the category of obligation according to the doctrine of the German philosopher G. W. F. Hegel. The author emphasizes that using the two concepts "obligation" (Verpflichtung) and "duty" (Pflicht), G.V.F. Hegel believes that the first has a legal basis, while the second has a moral basis. The key difference between them is the presence of a certain mindset, that is, a subjective belief, setting. As for the categories "right" and "obligation", they eventually merge in the thinker and they are formally identified (who has no rights, has no obligations), condition and predict each other (although the scientist emphasizes their content difference). The factor of such value identification and fusion is mediation, that is, the presence of a certain external reality, thanks to which the right turns into an obligation, and the obligation into a right. In the relationship between the concepts of freedom and obligation, the role of the necessary condition for the existence of affirmative freedom is assigned to the obligation. After all, the obligation, in fact, is not a limitation of freedom, but only of its abstraction.
At the same time, the obligation according to G. W. F. Hegel’ doctrine is closely intertwined with a number of ethical categories - good, conscience, virtue, etc. Good is the universal goal of the world and human activity in particular, and therefore it is the goal of setting and fulfilling obligations. Virtue is the state of a person for whom obligation has become a substantial attribute of his existence. Whereas conscience is a kind of "path" to understanding obligation and good.
And finally, the philosopher is convinced that individuals have obligations towards the state to the same extent that they have rights. The internal strength of the state lies in the concept of the unity of obligation and right. The formula of the abstract universal obligation is reduced to the need to sacrifice oneself for the sake of preserving the individuality of the state. While maintaining the dominance of the whole (the state) over the part (the individual), the scientist, nevertheless, tries to show that the special interest of the individual should not be rejected, but also taken into account, to some extent adapted to the interests of the whole, collective, general. And it is possible in such a combination to achieve the dreamed good - both individual and social.
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Zhang, Hui. "The Sponsoring State’s ‘Obligation to Ensure’ in the Development of the International Seabed Area." International Journal of Marine and Coastal Law 28, no. 4 (2013): 681–99. http://dx.doi.org/10.1163/15718085-12341285.
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Abstract At the request of the International Seabed Authority, in 2011 the Seabed Dispute Chamber of the International Tribunal for the Law of the Sea rendered its first Advisory Opinion: to clarify the ambiguous rules of the United Nations Convention on the Law of the Sea concerning the obligations and liabilities of a sponsoring State in the development of the international seabed area. According to the Opinion, the sponsoring State’s ‘obligation to ensure’ is an obligation of conduct and due diligence; the sponsoring State should take necessary and appropriate measures to fulfill the obligation under its domestic legal system; obligations and liabilities shall apply equally to the developed and developing States; the sponsoring State could avoid strict liability and compensation when fulfilling its ‘obligation to ensure’ due to the due diligence nature of the obligation. In light of this new development in the law concerning the international seabed area, East Asian States should take measures to improve their legislation and administration accordingly.
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Butsan, Marharyta. "Performance of obligations in modern civil law." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 414–17. http://dx.doi.org/10.36695/2219-5521.1.2020.82.
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The article considers the notion of performance. Treaty obligations were the most common in the civil turnover. Their performance depends to a large extent the stability of the economy and society as a whole. Of particular importance are norms of civil legislation implementing the Treaty obligation. They are used daily in practical activities of legal entities and citizens. The performance of an obligation – it is always a process that takes some period of time and consists of a series of actions of the debtor and the creditor. Debtor proposes the execution, the creditor accepts it. The article studies scientific approaches with respect to conditions of contractual obligations. practice shows that most contracts are careless, do not contain the necessary conditions to realization of the interests of the parties, do not include measures to ensure contractual obligations. During the execution of such contracts often have complications, different interpretations by the parties to the same conditions, and as a result, there has been a massive failure by the parties of their responsibilities, resulting in numerous conflicts. The most important task of modern legal science and practice – the creation of legal mechanisms, allowing most effectively to ensure the proper performance of contractual obligations and to compensate the injured party for the loss caused by their failure or improper performance. Mechanism of performance of the obligation is the mutual interest of the parties. In determining the obligations a list of specific actions that the debtor is obliged to make in favor of the lender, is limited to the indication of the transfer of property, performance of work and payment of money. Undoubtedly, the parties rely on bilateral compliance with the obligations under the contract, but obviously there are cases when under any circumstances one of the parties does not fulfill its obligations. Performance of the obligation should also be understood as certain acts by the debtor (or refraining from doing,) that is the obligation of the debtor. In this regard, it should be noted that the lender has the right to demand fulfillment of the obligation, but the debtor is involved in such actions. Moreover, under proper performance to understand the performance of an obligation by an appropriate person at the appropriate time a particular person under equal circumstances. The real is the performance of specific obligations, which is reflected in the implementation of certain actions.
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Başķent, Can, Loes Olde Loohuis, and Rohit Parikh. "ON KNOWLEDGE AND OBLIGATION." Episteme 9, no. 2 (June 2012): 171–88. http://dx.doi.org/10.1017/epi.2012.7.
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AbstractThis article provides a brief overview of several formal frameworks concerning the relation between knowledge (or belief) on the one hand, and obligation (or permission) on the other. We discuss the paradox of the knower, knowledge based obligation, knowingly doing, deontic dynamic epistemology, descriptive obligations, and responsibilities as dynamic epistemology.
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Darwall, Stephen. "Hutcheson in the History of Rights." Journal of Scottish Philosophy 20, no. 2 (June 2022): 85–101. http://dx.doi.org/10.3366/jsp.2022.0327.
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Francis Hutcheson's An Inquiry Into the Original of Our Ideas of Beauty and Virtue, published in 1725, arguably contains the first broadly utilitarian theory of rights ever formulated. In this essay, I argue that, despite its subtlety, there are crucial lacunae in Hutcheson's theory. One of the most important, which Mill seeks to repair, is that his theory of rights lacks a conceptually necessary companion, namely, a corollary account of obligation. Hutcheson has no theory of fully deontic obligations, much less an account of the relational obligations that, as Hohfeld famously argued, are the conceptually necessary correlates of claim rights of the kind Hutcheson wishes to theorise. Like Hume, Hutcheson subversively redefines ‘obligation’ as a motive of self-interest or the approval of morally good motives by moral sense (Hume's ‘natural obligation’ and ‘moral obligation’, respectively). This leaves Hutcheson without any account of the obligations that are the necessary correlates of claim rights. Mill does significantly better on this score but ends up giving a pragmatic ‘reason of the wrong kind’ for rights and obligations. Hutcheson thus begins a line of thought shown by him to have been powerless to ground rights without independent deontic premises from the start.
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Vorobej, Mark I. "Conditional Obligation and Detachment*." Canadian Journal of Philosophy 16, no. 1 (March 1986): 11–26. http://dx.doi.org/10.1080/00455091.1986.10717104.
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Suppose that John has a moral obligation to stop smoking given that smoking is dangerous to his health. Suppose further that smoking is dangerous to his health. Does it follow that John has a moral obligation to stop smoking? Although intuition inclines one to answer in the affirmative, recent developments in deontic logic apparently call this inference into question. The issue at hand is whether unconditional obligations are detachable from conditional obligations on the basis of purely factual considerations. I believe that they are not. In the course of arguing for this position I defend a novel restricted rule of detachment which is constructed out of both factual and normative components.
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Zakharkina, A. V. "DYNAMICS OF A CIVIL OBLIGATION FULFILLED THROUGH THE USE OF INFORMATION TECHNOLOGIES (SMART CONTRACT)." Ex jure, no. 3 (2021): 130–44. http://dx.doi.org/10.17072/2619-0648-2021-3-130-144.
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Abstract: The article is devoted to a new phenomenon for the Russian legal and economic space – the smart contract. The author of the article, based on the novel of Part 2 of Article 309 of the Civil Code of the Russian Federation, considers the dynamics of a civil obligation that is fulfilled through the use of information technologies. Thus, the article structurally highlights the parts devoted to the actual dynamics itself, the stage of occurrence of an obligation mediated by a smart contract; the stage of performance of such an obligation through the prism of the principles of performance; as well as the stage of termination of the obligation under study. The paper shows three main scientific approaches that reflect the mechanism of occurrence of an obligation that is fulfilled through the use of information technologies; the legal characteristics of click-wrap and browse-wrap agreements are given; the specifics of the known principles of performance of obligations in the performance of obligations using information technologies are reflected; it is concluded that it is necessary to adapt the law of obligations to digital realities, which is possible without a radical "breaking" of the pandect system of Russian civil law and the key approaches of the legislator to the main legal instruments of civil law.
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Попович, Терезія. "Проблематика обов’язків у політико-правовій думці епохи відродження." Krakowskie Studia Małopolskie 36, no. 4 (2022): 28–43. http://dx.doi.org/10.15804/ksm20220402.
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The article is devoted to understanding the category of obligation in the political and legal thought of the Renaissance. The study analyzes the works of F. Bacon, N. Machiavelli, J. Bodin and J. Althusius. Considering the views of F. Bacon, the author concludes that Bacon’s understanding of obligations is based on the established commandment of love, which should be guided by man in his actions and deeds. Thus, Bacon, above all, speaks of obligations in the Christian sense as manifestations of love of neighbor. In “Discourses on the First decade of Titus Livius”, N. Machiavelli outlines a kind of “obligation” of the republic and the prince to refrain from insulting citizens. He also formulates the obligation that a virtuous citizen should follow – to forget about the insults caused to him out of love for the homeland. The main obligation of the prince, based on the work of the “The Prince”, is the art of war. In addition to the above, it is also the obligation of the princes to try to retain power, to win, regardless of the means they use to do so. Regarding the people, the prince has such obligations as: to reward gifted citizens, to persuade them to quietly engage in crafts and trade, to arrange their possessions, but also to engage citizens in celebrations and spectacles at the right time. The author concludes that the issue of obligations in Machiavelli is wrapped up in political goals, which are ultimately aimed at preserving, strengthening the state, cohesion of the people. In Boden’s political and legal conception, it is the category of obligation (obligation between subject and sovereign) that forms citizenship, underlies the understanding of the law (as the sovereign’s order to exercise its power), and is associated with the first attribute of sovereignty. In this case, the sovereign and the citizen are bound by mutual obligations – the sovereign provides protection of the citizens and his property, and the citizens – obeys the will of the sovereign and shows faith and obedience to authority. Views on the obligations of the German thinker J. Althusius are set out in his work “Politica”, analyzing which, the author concludes that the whole system of obligations of J. Althusius is based on God’s commandments, the commandments of love of neighbor. Regarding the sovereigns, they should take care of the soul and body of their citizens, especially in the direction of their noesis of God’s laws and their protection.
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GOODIN, ROBERT E. "Structures of Mutual Obligation." Journal of Social Policy 31, no. 4 (October 2002): 579–96. http://dx.doi.org/10.1017/s004727940200675x.
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‘Mutual obligation’ is a deft political slogan. Morally, it evokes deep-seated intuitions about ‘fair reciprocity’ and the ‘duty of fair play’. It seems an easy slide from those intuitions to ‘mutual obligation’ policies demanding work-for-the-dole. That slide is illegitimate, however. There are many different ways to structure mutual obligation. Workfare policies, such as the Howard government's ‘Mutual Obligation Initiative’ in Australia, pick out only one among many alternative regimes that would answer equally well to our root intuitions about ‘fair reciprocity’. Other ways of structuring mutual obligations within social welfare policy are both more standard and more desirable.
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Oh, Jeewon, William J. Chopik, and Amy K. Nuttall. "The effects of obligation on relationships and well-being over time in middle adulthood." International Journal of Behavioral Development 44, no. 6 (March 12, 2020): 479–89. http://dx.doi.org/10.1177/0165025420911089.
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Previous research has offered mixed evidence on whether obligation in relationships benefits or harms individuals and their relationships. Given that few studies are prospective and consider multiple close relationships, we used 18-year longitudinal data to model whether obligation is associated with differences in relational and individual well-being over time. Because prior mixed findings may be attributed to differential influences of obligation across development, we also considered age. Light obligation predicted higher levels of relational and individual well-being; substantive obligation sometimes predicted lower levels of well-being. Both types of obligation mostly did not predict changes in relationships and well-being over time except substantive obligation predicted slower increases in friend support. The associations between light and substantive obligation were largely uniform across age. The only exception was for substantive obligation and friend support; substantive obligation was associated with a slower increase in friend support only for younger adults (<39 years old). This study extends previous research by examining obligation among middle-aged adults, addressing a critical developmental gap in this literature. Findings suggest that understanding people’s obligations toward close others is important not only for their own well-being but also their relationships in adulthood.
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Dolotina, R. R. "On the Issue of the Concept of Social Obligation." Courier of Kutafin Moscow State Law University (MSAL)), no. 2 (May 22, 2024): 153–62. http://dx.doi.org/10.17803/2311-5998.2024.114.2.153-162.
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The article defines the concept of social obligation on the basis of a doctrinal analysis of the general theoretical foundations for the definition of obligations, taking into account the interdisciplinary nature of social obligations. The formulation of the definition of social obligation is given through the relationship between obligations and responsibilities. It is noted that social obligation (in the broad sense of the word) should be understood as a type of socially regulated social relations, within the framework of which an individually determined party is necessarily required to carry out normatively proper behavior to satisfy a wide range of socially significant interests. Social obligations in the narrow (social security) sense are the need for compensation established by law on the part of a public authority or non-state entity that arises among citizens as a result of the onset of a social risk of adverse consequences.
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Gruzdev, Vladislav V. "Substitution of Parties to an Obligation on Account of Inheritance." Notary 2 (May 4, 2023): 26–31. http://dx.doi.org/10.18572/1813-1204-2023-2-26-31.
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The article is devoted to the study of hereditary succession in obligations. The cases of changes of persons in obligations with the participation of a deceased citizen as a creditor and debtor (declaration of the deceased by the court) are considered in detail. The situations of termination of the obligation due to the death of the party, which form exceptions to the general rule on the change of persons in the obligation due to inheritance, are analyzed. The legal assessment of the terms of the contract limiting the change of persons in the obligation, which is not inextricably linked with the personality of the deceased party, is given.
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Frederick, Danny. "Pro-Tanto Obligations and Ceteris-Paribus Rules." Journal of Moral Philosophy 12, no. 3 (June 26, 2015): 255–66. http://dx.doi.org/10.1163/17455243-4681036.
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I summarize a conception of morality as containing a set of rules which hold ceteris paribus and which impose pro-tanto obligations. I explain two ways in which moral rules are ceteris-paribus, according to whether an exception is duty-voiding or duty-overriding. I defend the claim that moral rules are ceteris-paribus against two qualms suggested by Luke Robinson’s discussion of moral rules and against the worry that such rules are uninformative. I show that Robinson’s argument that moral rules cannot ground pro-tanto obligations is unsound, because it confuses an absolute reason for an obligation with a reason for an absolute obligation, and because it overlooks the possibility that priority rules may be rules for ordering pro-tanto obligations rather than rules for eliminating contenders for the status of absolute obligation.
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Pink, Thomas. "Normativity and Reason." Journal of Moral Philosophy 4, no. 3 (2007): 406–31. http://dx.doi.org/10.1177/1740468107083252.
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AbstractMoral obligation is a demand of reason—a demanding kind of rational justification. How to understand this rational demand? Much recent philosophy, as in the work of Scanlon, takes obligatoriness to be a reason-giving feature of an action. But the paper argues that moral obligatoriness should instead be understood as a mode of justificatory support—as a distinctive justificatory force of demand. The paper argues that this second model of obligation, the Force model, was central to the natural law tradition in ethics, is truer to everyday intuition about obligation, and also changes our understanding of the problem of moral rationality. A new account is given of why it might be irrational to breach moral obligations. The Force model also sheds new light on moral responsibility, our responsibility for meeting moral obligations. Moral obligation is a standard of reason; but moral responsibility is shown to involve far more than ordinary rational appraisability, precisely because moral obligation involves a distinctive justificatory force of demand—one which specifically governs how we act.
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Hay, Carol. "Whether to Ignore Them and Spin: Moral Obligations to Resist Sexual Harassment." Hypatia 20, no. 4 (2005): 94–108. http://dx.doi.org/10.1111/j.1527-2001.2005.tb00538.x.
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In this essay, I consider the question of whether women have an obligation to confront men who sexually harass them. A reluctance to be guilty of blaming the victims of harassment, coupled with other normative considerations that tell in favor of the unfairness of this sort of obligation, might make us think that women never have an obligation to confront their harassers. But 1 argue that women do have this obligation, and it is not overridden by many of the considerations that can override other obligations to confront wrongdoers.
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Weltman‐Aron, Brigitte. "Obligation." Parallax 13, no. 3 (July 2007): 112–20. http://dx.doi.org/10.1080/13534640701433709.
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Bailey, Beth. "Obligation." Reviews in American History 42, no. 2 (2014): 379–85. http://dx.doi.org/10.1353/rah.2014.0034.
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Gribov, Nick D. "Obligations of Corporation Members." Pravosudie / Justice 3, no. 1 (March 25, 2021): 128–47. http://dx.doi.org/10.37399/2686-9241.2021.1.128-147.
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Introduction. The article is devoted to the analysis of the obligations of corporation members in Russian and foreign law. In the Russian and foreign doctrines, attention is paid to the duties of directors or controlling persons. Therefore, the legal question of the obligation of the corporation members is of high scientific interest. Theoretical Basis. Methods. The author analyzed the doctrines of corporate law in Russian and foreign science. In the process of studying the obligations of the corporation members, the au- thor relied on systemic, comparative methods, and a problem-theoretical method of research. Results. Specific obligations of the corporation members are considered. The issues arising in the field of legal content and implementation of several obligations of the corporation members are outlined. The obligation to act in good faith has been differentiated from the obligation to pre- vent actions aimed at an abuse of rights. Based on the analysis of foreign literature, the fiduciary duty of the corporation members is demonstrated. The responsibilities of the corporation mem- bers for non-performance of obligations are also highlighted. Discussion and Conclusion. As a result of the research, the author concludes that the responsi- bilities of the corporation members should be divided into two categories, namely basic and addi- tional. The basic obligations of the corporation members should include the following: to prevent abuse of corporate rights, to act in good faith, to participate in the formation of the corporation’s property, not to disclose confidential information about the corporation’s activities, to notify the corporation and its members in advance of their intention to file a directive claim, and to disclose information. The obligation to act in good faith and the obligation to prevent actions aimed at abusing the right differ in their content. The fiduciary duty of the members of the corporation is, in fact, the same as the obligation to act in good faith. Failure by a member to comply with cor- porate obligations may entail the following measures of corporate responsibility: exclusion of the participant from the corporation, suspension of voting rights, financial sanctions.
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Rakhimov, D. B. "OBLIGATION LAW: PAST AND FUTURE." International Journal Of Law And Criminology 03, no. 03 (March 1, 2023): 17–24. http://dx.doi.org/10.37547/ijlc/volume03issue03-03.
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In the article, based on looking at the past and future of the law of obligations, which is an important institution of civil law, along with the explanation of various views on this matter, its emergence is evaluated from a historical approach. As well as the rules of the ancient contractual obligations of the Uzbek people, a comparative analysis of the concept of an obligation exists in the civil legislation of national and foreign countries. Based on the analysis, suggestions will be put forward to improve the norms of the Civil Code of the Republic of Uzbekistan on the concept of obligation.
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Moyo, Monica P. "Final Report on the Obligation to Extradite or Prosecute (Aut Dedere Aut Judicare) (Int’l L. Comm’n)." International Legal Materials 54, no. 4 (August 2015): 758–79. http://dx.doi.org/10.5305/intelegamate.54.4.0758.
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At its sixty-sixth session in 2014, the International Law Commission completed its final report on the obligation to extradite or prosecute and submitted it to the United Nations General Assembly for consideration at its sixty-ninth session.1 The report concluded the Commission’s work on a topic the General Assembly had long considered important in states’ efforts to cooperate in the prevention of impunity for crimes of international concern.2 The Commission addressed the implementation of the obligation; gaps in the existing conventional regime; the priority between the obligation to prosecute and the obligation to extradite, and the scope of the obligation to prosecute; the relationship between the obligation with erga omnes obligations or jus cogens norms; the customary international law status of the obligation; and other matters of relevance from the general framework created in 2009 for the Commission’s consideration of the topic.
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Wiesen, Andrew R., Rodd E. Marcum, Michele A. Soltis, and Kris A. Peterson. "Factors Associated With U.S. Army Physician Service After Obligation Completion." Military Medicine 184, no. 7-8 (October 27, 2018): e329-e336. http://dx.doi.org/10.1093/milmed/usy263.
Full textAbstract:
Abstract Introduction Approximately, 320 physicians enter active duty in the U.S. Army each year, replacing a similar number separating from service. Despite the significant costs involved in educating and training physicians, factors associated with continued active service after completing obligations have not been well studied. Materials and Methods A retrospective cohort study was conducted of all U.S. Army physicians who graduated medical school in 1987 or later and entered active physician service on or before December 31, 2015. A Cox proportional hazards model was used to evaluate the likelihood of continued service after initial obligations to the Army were satisfied. A logistic regression model examined the likelihood of reaching retirement eligibility for the subgroup entering service before October 1998. Results Of the 10,490 physicians who met inclusion criteria, 8,009 physicians completed their service obligation by the end of the study. There were 4,524 physicians who entered service before October 1998 and were eligible for the retirement analysis. Several factors were found to be independently associated with a higher likelihood of continued post-obligation service and reaching retirement eligibility. These factors were: years of active service accumulated when obligations were complete; preventive medicine and infectious disease specialization; and male gender. Conclusions The physicians most likely to continue serving after completion of their obligation and ultimately retire are those who had the most years of service accumulated when they could leave the Army. Graduates from the Uniformed Services University of the Health Sciences (USU) incur an obligation of 7 years vs. 4 years for most other programs. USU also attracts a higher proportion of applicants with prior military service and pre-medical school service obligations. The lack of significant difference in service after obligation completion or achievement of retirement eligibility between USU and non-USU graduates was explained by the greater total service of USU graduates when their obligations were complete. Changing the obligation and incentives, such as salary, for other accessioning programs to mirror the USU model would likely minimize service differences between USU and non-USU graduates.