Strictly Personal Obligations: Breaking the “Inextricable” Connection

Civil law, its doctrine and judicial practice are aware of the obligations that are inextricably linked with the individual. The inseparable connection manifests itself in the fact that the alienation of rights and obligations under such obligations is impossible. Under such obligations, succession, both universal and personal, is also impossible. At the same time, judicial practice allows, in some cases, the possibility of transferring strictly personal rights and transferring execution of strictly personal duties. The criteria for such opportunities, however, are not obvious. This article attempts to identify such criteria. In particular, it is proposed to consider a strictly personal connection broken when an obligation is transformed into a monetary obligation or a debt appears instead of an unfulfilled obligation, which in essence represents a loss.