The concept of civil law incentives
Abstract
Civil law incentives are characterised by both general legal and sectoral (specific) features. The dialectical combination of these features determines the civil law image of the category of “incentives”, which may be represented by the following provisions.
In Ukrainian civil law, incentives are a type of legal means intended to positively ensure the fulfilment of obligations and other civil duties.
Civil law incentives may be established not only by law, but also by agreement of the parties to civil legal relations themselves, which allows them to determine and implement the most appropriate incentive legal regime to ensure the fulfilment of the relevant obligations.
The positive enforcement effect of civil law incentives is manifested in the fact that they influence the will of duty-bearers not through the threat of negative property consequences (especially negative personal consequences), but by means of a proposal expressed in the provisions of law or in the terms of contracts to perform a “meritorious” duty (duties) in exchange for receiving an incentive benefit.
In contrast to the use of incentives in disciplinary legal relations, the provision of incentive benefits to “meritorious” performers of civil duties does not lead to a change in their civil status; incentive benefits in civil law are mainly associated with the occurrence of positive property consequences for ‘meritorious’ subjects (provision of monetary or other property rewards, cancellation of property liability, etc.) In the context of organising and conducting competitions, winners may also be awarded moral incentives.
All parties, not just the party to whom the incentive is applied, are interested in the positive consequences of the use of incentives in civil legal relations. This is especially evident in contractual relations of obligation.
The regulatory (security) function of civil law incentives is associated with the legal formalisation of achieving, first and foremost, private interests. The same conclusion applies to the educational function of this type of legal incentives.
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References
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