About some incredible adventures of the “elusive” duty construction

Abstract

The article gives “biographies” of the construction of duty in atypical situations. The first of them is illustrated by the example of family legal relations between parents and children, in which parents are at the same time responsibilities for upbringing (the structure of right-duty). The doctrine accepts such a feature of the aforementioned type of legal relationship by no means to everyone - a reference to the classical interaction of the pair “right and duty” and their distribution between the subject. An additional argument is the arguments in favor of the child’s incapacity and, consequently, the inadmissibility of imposing any responsibilities on him. As counterarguments, considerations are expressed about the possibility of the existence of exceptions from classical constructions, as well as about the presence of certain elements of legal capacity in the child, which make it possible to assign certain responsibilities to him, including in relation to parents or persons substituting for them. As additional argumentation, examples are given of assigning children of different ages (6, 10, 14 years) to responsibilities in the field of education, family, civil turnover. It is proposed to provide for the obligation of children to respect their parents in the general principles of family law. The second atypical situation arises when the so-called declarative obligations are fixed in the text of the law. It is emphasized that they, either directly or indirectly, are associated with certain legal consequences of their non-compliance, therefore, they possess, albeit not in the classical execution, the properties of a legal obligation.