THEORETICAL AND LEGAL ASPECT OF THE FORMATION OF THE INSTITUTE OF ACCESSORY OBLIGATIONS.

Abstract

The subject of the article is the study of the theoretical and legal aspect of the development of the institution of accessory obligations. The genesis of the category of "accessory" in Roman law is considered, where the formula of the ancients is derived: the validity of the accessory legal relationship is predetermined by the reality of the basic legal relationship, and was quite simple and concise, there is no basic obligation - no additional one. The evolution of "accessory" in domestic civil law is revealed, which consists in the following: in pre-revolutionary civil law, the theory of security deviated from accessory for the sake of convenience for the circulation of security obligations; in the Soviet period, the identification of the terms "security" and "accessory" obligation took root in the scientific circulation; and at the present stage of development of the theory of accessory in Russian civil law, the concept of "accessory" is identified with a security obligation.
The author comes to the conclusion about the multidimensionality of the category of "accessory", which consists in the fact that in the course of the development of law, the understanding of accessory obligations has undergone significant changes, going from the perception of accessory as a kind of obligation that ensures the return of debt and the transfer of "belonging" to the goods sold, to its identification with security obligations in general. Gradually, in the legal doctrine, the opinion was fixed that different types of obligations have the property of accessory, and each of them has its own characteristic features and has its own specifics. According to the authors of the article, the further development of the civilistic doctrine of the accessory of obligations will contribute to the final consolidation of the definition of "accessory" within the framework of Russian civil law.