Responsibility for not rendering the necessary assistance in the obligations of legal relations
The article examines the measures of civil liability against a person who has not been in violation of the requirement of section 3 of article 307 of the Russian Civil Code necessary to achieve the purpose of the obligation to promote the other side of the obligation. At the same time, the necessary assistance in the context of legislation and jurisprudence refers to the socially conditioned obligation of a participant in an obligation to commit an action directly affecting the ability of another party to the obligation to exercise his rights and perform duties in full, appropriate manner and within the time frame set by law or contract. In the absence of a legitimate definition of the necessary assistance as a specific duty of the party to the obligation and a qualifying feature in assessing his conduct, the measures of civil liability for non-assistance are determined on the basis of a systematic analysis of the law on obligations. In view of the ratio of the duty of assistance and the criteria for good conduct, it is concluded that the rules on the consequences of misconduct should be applied to a person who has not been assisted. The issue of possible negative sanctions at the stage of establishing the obligation (including pre-contract liability) and after its termination has also been investigated.