Civil law objections of the obligated person

In comparison with the subjective right, a legal duty both in theoretical and sector-specific plan is studied very poorly. The question of objection of an obliged person on demand of the holder of subjective rights is a special case of this little-studied problem. The author believes that the opportunity to object is a component, element of legal duties referring, therefore, to the genus of the so-called “trade rights”, the obligated person’s right to certain behavior which they practise at their sole discretion. The debtor right to objection allows the obliged person to oppose its execution not only through verbal (oral or written) statements, but also through tacit behavior (except objections applied by the court ope exceptionis). The debtor right to denial of execution from the beginning of the contractual relationship is included in the content of the “immature” duties (denial of execution of the “immature” duties). However, the vast majority of the objections are associated with receivables powers which appear in the composition of the legal responsibilities after their occurrence. Denial of execution may be a consequence of the authorized person’s non-performance of actions required for their execution, namely, the failure to perform debtor duties (P. 1 Art. 406 of the RF Civil Code). The right to objection is not a saving opportunity arising upon violation or challenge of the subjective rights (legally protected interest). Therefore, it is mistakenly to consider the implementation of the specified powers as civil protection. On the contrary, objection paralyzes the enforceability of the subjective rights testifying, thus, to the absence of grounds for civil protection of the authorized (interested) people who oppose the objector. At the end of the article a definition is given of the right to objection. It is the opportunity to deny the fulfillment of a particular obligation under particular conditions. This opportunity is part of the content of legal liability. Accordingly, the civil legal objection is reasonable and sufficient verbal (oral, written) or tacit disagreement of the obliged person with a need or opportunity to perform their legal responsibilities in a particular situation.

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