On the nature of the right of claim in the light of the principle of unhindered exercise of civil rights

Abstract

The unhindered exercise of civil rights in the sphere of obligations has three levels of action: rights arising from the general provisions of civil law; rights arising from other sub-branches of civil law (for example, property rights) and affected by obligations; rights of claim under obligations. The very concept of “right of claim” is not disclosed in the legislation and has not been the subject of detailed scientific research.
The principle of unhindered exercise of civil rights is implemented in relation to obligations in the following trinity: prohibition of the debtor to violate the creditor’s right of claim, which is equivalent to his obligation to properly perform the obligation; prohibition of anyone (including the creditor) to obstruct the debtor to perform his duties; prohibition of anyone (including the debtor) to obstruct the creditor to accept performance.