Генезис взглядов на негативные (отрицательные) обязательства в отечественной цивилистике

Abstract

Introduction. Negative obligations are the kind of civil obligations that have caused a lively scientific discussion for several centuries in a row, but at the same time they remain extremely poorly researched. Most civil scientists touch upon the problem of negative obligations in general terms, speaking about the legal nature of obligations or their classification. In the domestic science of civil law, there are still no large-scale and comprehensive studies that would be devoted to the specific features of negative obligations. To form and systematize the theoretical basis for further research on negative obligations, it is necessary to generalize the views already expressed in the scientific environment and group them by scientific schools. Purpose. The purpose of this article is to review, analyze and classify the scientific positions of domestic civil scientists of the pre-revolutionary, Soviet and modern periods on the problem of the legal nature of negative civil obligations. In addition, the authors of the article aim to trace the genesis of the scientific discussion on the issue of negative commitments. Methodology. The general principles of scientific knowledge (comprehensiveness, consistency, objectivity, methodological pluralism), the general philosophical method (dialectical), general scientific methods of cognition (comparison, ascent from the abstract to the particular), general logical methods (analysis, synthesis, induction, deduction , generalization, classification, abstraction), special legal methods (formal legal, comparative legal, method of interpreting legal norms, dogmatic). Results. As a result of the study, the genesis of the scientific discussion on the problem of negative obligations was investigated. It was concluded that it was in the Soviet civil law that there was a division of the views of scientists on this issue into several legal schools. The authors propose to distinguish three schools of law on the problem of the legal nature of negative obligations. The authors substantiated the position on the independent nature of negative obligations and the possibility of the existence of net negative obligations (obligations where the debtor is obliged only to refrain from acting) in civil circulation. Conclusion. This article is of interest to the scientific community, since it forms and systematizes the theoretical basis for further research on the problem of negative obligations.