THE CONCEPT OF COMPETITIVE COMMITMENTS: CERTAIN ASPECTS OF CIVIL LAW REGULATION

Abstract

The article is devoted to several aspects of civil regulation of the competitive obligation. High importance and poor practical readiness of the above problem determine the undoubted novelty of the work. Further attention to the issue of civil regulation of the competitive obligation need for more deep and reasonable permission of civil law actual problems. Competitive obligations represent one more type of obligations from unilateral actions. In them lines of obligations which in private law of foreign countries are called quasicontract are well shown. The contents of these obligations can cover those actions of contestants on a competitive task which are usually made by debtors within a number of civil contracts - the contract, an assignment, the commission and others. Commission by contestants of legal acts - creation of works of science, literature and art is not excluded. In the first case it is not about the actual commission by contestants of legally significant actions in favor of the subject who announced a competition, and about their readiness for legal holding liable of in exchange for observance of the conditions by the person who announced a competition. The holding of public contests again became wide spread occurrence in civil circulation. Thus comparison of the practice of holding public competitions with the provisions of the civil legislation shows that public contests in many cases are in conflict with the law. One of the many reasons is the imperfection of legal regulation and the absence of the organizer and participants adequate understanding of the requirements of the Civil code of the Russian Federation to hold a public competition and in this regard their full or partial disregard.