The Commitment Feature within the Rules of Civil Law

Abstract

A legal rule can be defined as a general, abstract social rule aimed at regulating social relations, and it is associated with a material sanction imposed on those who violate its provisions. From this definition, it becomes clear that the legal rule possesses several characteristics that distinguish it from other social rules. The purpose of this brief research is not to examine all the characteristics of the legal rule, but rather to focus on its most important characteristic: its binding nature, represented by the material sanction imposed on those who violate its provisions. Since the sanction differs depending on the nature of the legal rule, it may sometimes be a penalty and other times compensation. We will address the sanction resulting from the violation of civil law rules, with compensation being one of the most prominent forms of such sanctions. However, compensation is not the only form of sanction in civil law. The question arises: Is the legal sanction an inherent characteristic of the legal rule such that it cannot be considered a legal rule without it? Or do some rules in civil law lack a sanction but still retain their status as legal rules? This is what we aim to answer in the course of this research .