The paper is devoted to studying the legal nature of obligations inextricably linked to the debtor and/or the creditor, establishing the determinants of such a relationship, and also identifying the dynamic and structural features of such obligations as a whole, as well as in the context of their individual varieties. Particular attention is paid to the evolution of legal and doctrinal approaches to the definition of the legal nature and types of obligations inextricably linked to the debtor and/or creditor, as well as the analysis of certain types of such relationships.
The connections are analyzed between the elements of the relative civil legal relationship, which determine the legal structure of the “obligation inextricably linked to the person of the debtor or creditor”. It is substantiated that they are the inseparable connection of the debtor with the object of legal relationship or the subjective civil obligations imposed on him, as well as the inseparable connection of the creditor with the object of legal relationship or his subjective civil rights, respectively.
It is proved that the inseparable connection of the obligation with the debtor is determined by the following factors: 1) individual qualities of the debtor (education, experience, abilities, skills, attainments, etc.) that determine the unique nature of the obligation in the form of a work or service; 2) the expectations of the creditor in the performance of the obligation exclusively by the debtor are determined by the act of the civil legislation of Ukraine or embodied in the provisions of the act of self-regulation of civil relations; 3) individual qualities of the debtor (education, experience, abilities, skills, attainments, etc.), which determine the unique way of fulfilling the obligation, which was the determinant of the creditor’s entry into the obligation with this particular debtor; 4) imposition on the debtor of a subjective civil obligation, the performance of which involves his conduct in the best interests of the creditor when a choice is given to determine the options for such conduct (discretion).
It is substantiated that the inseparable connection of the obligation with the person of the creditor is determined by the following factors: 1) inseparable connection between the good, which is the object of the obligation, and the creditor as a person (for example, health as a personal asset); 2) the properties of the object of the obligation, which determine the satisfaction of mainly individual needs and interests of the creditor (for example, things made to order); 3) the nature of the circumstances in which a person is subject to a subjective civil duty, characterized by the care of such person or the legislator of the creditor due to the presence of certain individual circumstances (length of service, marriage, childbirth, incapacity, etc.).
Circumstances are studied that allow to identify the inseparable connection of the obligation with the creditor’s person according to the criterion of “care” of the debtor or the legislator. It is established that such circumstances, in particular, are: 1) a person voluntarily enters some obligation as a debtor on economically unfavorable conditions (free of charge or for a fee significantly below market); 2) a person stays with the creditor in a social relationship such as family, friends, good neighbors or other personal or contractual relationship.
In this dissertation a scientific understanding is developed of the personal needs of the creditor as a factor that determines the inseparable connection of the obligation with the creditor’s individuality as a person, when the subject of this liability is endowed with the ability to fulfill it. It is determined that under such circumstances may arise a material, cultural, aesthetic or any other personal need, which is inherent mainly in this person due to physiological, personal or other qualities and may be uncharacteristic of any successor of this person’s rights.
