Abstract: This article presents a brief analysis of the current norms of civil law in the Russian Federation, practice of their implementation, sources of the Roman private law, and norms of foreign law for the purpose of determination of the subject of obligation that emerges as a result of provision of statement about circumstances. The question of correspondence of such obligation to the criterion of validity is being addressed. The provisions of legal doctrine with regards to structure, essence and content of obligation, as well as approaches of legal technique and history of Roman law are used for argumentation of the main conclusions of this research. As a result, the author was able to formulate the subject of obligation that emerges on the basis of statement about circumstances. Obligations characterized by such subject are detected in the Roman private law and modern German legislation. The acquired results allow concluding that obligation due to provision of statement about circumstances is not an extraneous element of the system of civil law of the Russian Federation.

Abstract: This article presents a brief analysis of the current norms of civil law in the Russian Federation, practice of their implementation, sources of the Roman private law, and norms of foreign law for the purpose of determination of the subject of obligation that emerges as a result of provision of statement about circumstances. The question of correspondence of such obligation to the criterion of validity is being addressed. The provisions of legal doctrine with regards to structure, essence and content of obligation, as well as approaches of legal technique and history of Roman law are used for argumentation of the main conclusions of this research. As a result, the author was able to formulate the subject of obligation that emerges on the basis of statement about circumstances. Obligations characterized by such subject are detected in the Roman private law and modern German legislation. The acquired results allow concluding that obligation due to provision of statement about circumstances is not an extraneous element of the system of civil law of the Russian Federation.

Abstract: This article presents the analysis of the current Russian civil legislation that regulates warranties of contractual obligations, which represent a fairly new contractual instrument for Russian economic turnover and means of securing performance of obligations (mainly by co-signing and independent warranty), being the traditional legal construct for Russian legal order. To carry out detailed study and comparison of the aforementioned legal constructs, the author also examines the relevant case law and doctrinal approaches regarding the subject of obligations, performance of obligations, means of securing performance of obligations, and civil legal responsibility. The methodology is based on the dogmatic, formal-logical, systemic, analytical and other methods. The result of this research yielded a conclusion that warranty within the system of Russian civil law is an independent legal instrument and is not a part of the system of means of securing performance of obligations, even in presence of coincidence with some of such means. The main criterion for distinction consists in the different functional and target designation of such legal means.