Physiology of the nervous system. Implication and conditional connection The nature of conditional connection
If you carefully analyze the nature of all experiments
I.M.Sechenov, as well as all his examples, you can see that in them
we are always talking about two excitations. One of them is excitement
which is called and evaluated by I.M.Sechenov as the initial
activities (spinal reflex, heart function). Another excitement
in * his experiments is usually formed under the influence of special influences
(imposition of a crystal of salt, irritation of the sensory nerve),
and the indicator of the interaction of the first and second excitation is
inhibition, elimination of the original activity.
It would, of course, be incorrect to assert that in the works of I.M.Se-
chenov was given a completely developed and complete concept of meeting
th two excitations as a prerequisite for the occurrence
braking. However, the experimental facts and conclusions of I.M.Sechenov
are such that they leave no doubt about the originality and novelty of the
directions in assessing the mechanisms of inhibition. It is this circumstance
and gives the right to believe that the pedigree of the theory of inhibition
as a result of the meeting of the excitements, one must lead from the work of I. M. Sechenov.
I.M.Sechenov's line of reasoning on the question of the origin and location
lization of the inhibitory process has never been seriously discussed in our
physiological literature, which often led to incorrect assessment
his position on this issue.
Incorrect assessment of the true point of view of I.M.Sechenov on mechanics
braking behavior was so widespread that even
such an outstanding expert on the problem of braking, which is
A.A. Ukhtomsky, made an annoying omission in the assessment of the physiologist
the geological essence of IM Sechenov's point of view. Since the opinion of A.A. Ukhtom-
skogo on this issue is reflected in our scientific literature
and may lead to misconceptions about the views of I.M.Seche-
new to the emergence of the process of inhibition in the central nervous
system, I will dwell on it in more detail.
In his monograph "Parabiosis and Dominant" A. A. Ukhtomsky wrote:
“Sechenov suggested that in the central nervous system there are
special braking centers with a special topographic distribution
position. Of course, this was not an "explanation" of the inhibition mechanism.
The idea that this braking process must be the result of a collision
the development of excitations in the centers, was first expressed by Goltz "1.
Unfortunately, the same point of view on the concept of I.M.Sechenov
about inhibition has become widespread among students
I.P. Pavlova, which, of course, significantly impoverishes the true meaning
remarkable facts of I.M.Sechenov, helping to solve the problem
on the mechanisms of occurrence of the inhibitory process in the central nervous
system. Usually only the fact of opening the torus is attributed to him.
brain process. Meanwhile, this is far from the main part of his presentation.
about central braking.
In order to show that the situation is in reality quite
not so, those extracts from the works of I.M.Sechenov,
which we have given above. However, the priority of I.M.Sechenov,
in this fundamental question of the theory of central braking so much
it is important that we allow ourselves to quote his own statements,
concerning this topic.
Finishing the description of my experiments with the study, I delay
mechanisms in the central nervous system, I.M.Sechenov wrote:
1 Physiology of the nervous system. B. III, book. 1, ed. K.M.Bykova. M., 1952,
p. 300.
The relationship between implication and conditional communication, expressed in ordinary language using the grammatical construction "if ... then ...", is complex. It suffices here to dwell on two erroneous assumptions often made about these relationships:
- any implication is expressed (or can be expressed) in ordinary language using a conditional connection; sometimes implication is even defined as a means of representing the logic of conditional communication in artificial languages;
- any conditional statement expresses a certain implicative relation.
Indeed, some implications are expressed in ordinary language with the help of “if, then”. This is a material implication, strict implication, causal implication, connective implication, etc. At the same time, if the concept of implication is given a broad meaning, as we do, it is clear that not every implication can be represented in the form of a conditional statement. The statement about the preference of one state over the other, about the precedence of two events, etc. cannot be transformed into a statement with “if, then”.
To make sure that not every conditional statement expresses one or another implication, it is enough to list some of the functions that a conditional statement performs in ordinary language.
A conditional statement is a complex statement, usually formulated with the help of the link "if ..., then ..." and establishing that one event, state, etc. is in one sense or another the basis, or condition, for another.
For example: “If there is fire, then there is smoke”, “If an offense was committed by a group of persons, this aggravates responsibility”, etc.
In asserting a conditional statement, we, first of all, mean that it cannot be that what is said in its foundation took place, and what is said in the corollary was absent. In other words, it cannot happen that the foundation is true and the effect is false.
In terms of conditional statements, important concepts are usually defined sufficient conditionand necessary condition.The basis of a true conditional statement is a sufficient condition for the consequence of this statement, and its consequence is a necessary condition for the foundation.
For example, the truth of the conditional statement “If the choice is rational (reasonable), then the best available alternative is chosen” means that rationality is a sufficient basis for choosing the best available opportunity, and the choice of such an opportunity is a necessary condition for its rationality.
A typical function of a conditional statement is justificationone utterance by reference to another utterance.
For example, the fact that silver is electrically conductive can be justified by referring to the fact that it is a metal: "If silver is a metal, it is electrically conductive."
The connection between the justifying and the justified (grounds and consequences) expressed by a conditional statement is difficult to characterize in the general case. Only sometimes its nature is relatively clear. This link can be:
- firstly, by the connection of logical consequence that takes place between the premises and the conclusion of the correct inference ("If all living multicellular creatures are mortal, and the jellyfish is such a creature, then it is mortal");
- secondly, by the law of nature ("If a body is subjected to friction, it will begin to heat up");
- thirdly, by causality (“If the Moon is in the node of its orbit on a new moon, a solar eclipse occurs”);
- fourthly, social tendency, rule, tradition, etc. (“If the society changes, the person also changes”, “If the advice is reasonable, it must be followed”, etc.).
With the connection expressed by a conditional statement, the belief is usually combined that the consequence with a certain necessity "follows" from the foundation and that there is some general principle, having managed to formulate which, we could logically deduce the consequence from the foundation.
For example, the conditional statement “If hydrogen is a gas, it increases its volume when heated”, as it were, presupposes the general law “All gases increase their volume when heated”, which makes the consequence of this statement a logical conclusion from its foundation.
In both ordinary language and the language of science, a conditional statement, in addition to the function of justification, can, however, perform a number of other tasks:
- to formulate a condition not related to any implied general law or rule ("If I want to, I will cut my cloak into small pieces");
- to fix some sequence (“If last summer was dry, then this year it was rainy”);
- to express disbelief in a peculiar form (“If you solve this problem, I will build a perpetual motion machine”);
- to fix the opposition ("If an elderberry grows in the garden, then an uncle lives in Kiev"), etc.
The multiplicity and heterogeneity of the functions of the conditional statement significantly complicates its analysis.
The use of a conditional utterance is further associated with certain psychological factors. So, usually we formulate such a statement only if we do not know with certainty whether its foundation and effect are true or not. Otherwise, the use of a conditional statement seems not entirely natural (for example, "If cotton wool is metal, then it is electrically conductive").
When a conditional statement is used to express mistrust, to fix a sequence of events, to contrast, etc., this statement hardly expresses any implication.
The main elementary act of higher nervous activity is the formation of a conditioned reflex.
There are countless conditioned reflexes. If the appropriate rules are observed, any perceived stimulus can be made a stimulus that triggers a conditioned reflex (signal), and any activity of the body - its basis (reinforcement). Different classifications of conditioned reflexes have been created according to the nature of signals and reinforcements, as well as the relationship between them. As for the study of the physiological mechanism of temporary connections, here the researchers have a lot of work to do.
The classification of conditioned reflexes was determined according to the following particular features: 1) the circumstances of formation, 2) the type of signal, 3) the composition of the signal, 4) the type of reinforcement, 5) the ratio in time of the conditioned stimulus and reinforcement.
General signs of conditioned reflexes... The conditioned reflex a) is an individual higher adaptation to changing living conditions; b) carried out by the higher departments of the central nervous system; c) it is acquired by temporary neural connections and is lost if the environmental conditions that caused it have changed; d) is a warning signal reaction.
So, a conditioned reflex is an adaptive activity carried out by the higher parts of the central nervous system through the formation of temporary connections between signal stimulation and the signaling reaction.
Natural and artificial conditioned reflexes... Depending on the nature of the signal stimulus, conditioned reflexes are divided into natural and artificial.
Conditioned reflexes are called natural, which are formed in response to the action of agents, which are natural signs of signaled unconditioned stimulation.
An example of a natural conditioned food reflex is the salivation of a dog to the smell of meat. This reflex is inevitably formed naturally during the life of the dog.
Artificial reflexes are called conditioned reflexes that are formed in response to the action of agents that are not natural signs of signaled unconditioned stimulation. An example of an artificial conditioned reflex is the release of saliva in a dog to a sound, a metronome. In life, this sound has nothing to do with food. The experimenter artificially made it a food signal.
Nature develops natural conditioned reflexes from generation to generation in all animals according to their way of life. As a result, natural conditioned reflexes are formed more easily, are more likely to be strengthened and are more durable than artificial ones.
Exteroceptive, interoceptive and proprioceptive conditioned reflexes. Conditioned reflexes to external stimuli are called exteroceptive, to stimuli from internal organs - interoceptive, to stimuli of the musculoskeletal system - proprioceptive.
Exteroceptive reflexes are divided into reflexes caused by distant (acting at a distance) and contact (acting in direct contact) stimuli. Further, they are divided into groups according to the main types of sensory perception; visual, auditory, etc.
Interoceptive conditioned reflexes can also be grouped according to organs and systems that are sources of signaling: gastric, intestinal, cardiac, vascular, pulmonary, renal, uterine, etc. The so-called temporal reflex occupies a special position. It manifests itself in various vital functions of the body, for example, in the daily frequency of metabolic functions, in the secretion of gastric juice at the onset of lunchtime, in the ability to wake up at the appointed hour. Apparently, the body "counts the time" mainly by interoceptive signals. The subjective experience of interoceptive reflexes does not have the figurative objectivity of exteroceptive ones. It gives only vague feelings, from which the general well-being is formed, which is reflected in mood and performance.
Proprioceptive conditioned reflexes are at the core of all motor skills. They begin to be developed from the first flaps of the chick's wings, from the first steps of the child. They are associated with the mastery of all types of locomotion. Coherence and accuracy of movement depends on them. The proprioceptive reflexes of the hand and vocal apparatus in humans in connection with labor and speech are receiving a completely new use. The subjective "experience" of proprioceptive reflexes consists mainly in the "muscular feeling" of the position of the body in space and its members relative to each other. At the same time, for example, signals from the accommodative and oculomotor muscles have a visual character of perception: they provide information about the distance of the object under consideration and its movements; signals from the muscles of the hand and fingers make it possible to assess the shape of objects. With the help of proprioceptive signaling, a person with his movements reproduces the events taking place around him.
Conditioned reflexes to simple and complex stimuli. A conditioned reflex can be developed to any one of the listed extero-, intero- or proprioceptive stimuli, for example, to turn on the light or to a simple sound. But this rarely happens in real life. More often, a complex of several stimuli becomes a signal, for example, smell, warmth, soft fur of the mother-cat become an irritant of the conditioned sucking reflex for the kitten. Accordingly, conditioned reflexes are divided into simple and complex, or complex, stimuli.
Natural signals always consist of many components, in other words, they are complex stimuli. To such signals, conditioned reflexes are formed that are more complex and variable than to simple signals. In a complex signal, each of its components has a different physiological strength and the effect caused by each stimulus corresponds to it.
Simultaneous complex stimuli consist of several components acting simultaneously. Conditioned reflexes to successive complexes of stimuli are formed if individual stimuli follow each other in a certain sequence (such a signal is reinforced by food). Numerous studies have established that as a result of a more or less prolonged training of the conditioned reflex to a complex stimulus, the fusion, synthesis of the individual components of the complex into a single stimulus occurs. So, with repeated use of a sequential complex of stimuli, consisting of four sounds, they merge into a single stimulus. As a result, each of the four sounds loses its signal value, i.e. applied alone does not cause a conditioned reaction.
Conditioned reflexes on a chain of stimuli. If the indifferent stimuli, from which the complex signal is formed, act sequentially, i.e. do not coincide with each other, and unconditioned reinforcement is attached to the last of them, then a conditioned reflex to a chain of stimuli can be formed to such a signal. The signal value of an individual member of the chain turns out to be the greater, the closer it is to the reinforcement, i.e. to the end of the chain. The formation of conditioned reflexes on a chain of stimuli underlies the development of various so-called motor skills by reinforcing random or forced movements. For example, having told the dog "Give a paw!", We "raise" its paw ourselves, "rewarding" the dog with a piece of cookie. Soon the dog, hearing these words, "gives its paw" on its own. Analysis of the mechanism of formation of this type of reflex showed that at first a temporary connection is formed between three foci of excitation: auditory, motor and food centers. Then the sequence of action of the members of the chain is fixed. Finally, the position of its main members of the sound signal "give a paw", proprioceptive (movement of the limb) and natural food (feeding), is specified.
Integrity in conditioned reflex activity is an important concept in the physiology of higher nervous activity. It manifests itself primarily in consistency, stereotypy, "settings" and "switching" of reactions according to the signals of the situation. As a result, the behavior of animals is determined not by single signals, but by the whole holistic picture of the environment. Conditioned reflex activity encompasses many aspects of the present and connects it with the experience of the past, and this, in turn, leads to a subtle adaptation to future events.
The real stimuli that the body deals with form a dynamic stereotype of stimuli. The existing stereotype of stimuli directs the formation of new reflexes along a certain channel. For example, when assimilating new hunting objects, a predator uses the most reliable hunting techniques already familiar to him. The stereotype allows him to respond adequately, despite some changes in the situation. So, for example, having developed a stereotype of driving a car, you can drive a car, slightly varying control depending on the nature of the road surface, and at the same time talk with a passenger sitting next to it. The analysis of human activity shows that each of us continuously during his life forms an innumerable number of everyday, work, sports and other stereotypes. In particular, this is manifested in the appearance of appetite at a certain time of the day, stereotypical performance of work or sports movements, etc. As you age, stereotypes get stronger and more difficult to change. Alteration of the prevailing stereotypes is always a great difficulty.
Conditioned reflex tuning... The formation of sequential complexes from situational and basic conditioned stimuli in the form of a chain with far-apart links is the physiological mechanism of the so-called conditioned reflex adjustment. The very name "tuning" indicates that we are not talking about the performance of any activity, but only about the state of readiness for this activity caused by the mechanism of temporary connection.
Conditioned reflex switching... The formation of complexes of different signal meanings from the same basic signals with the addition of different environmental stimuli is a physiological mechanism of conditioned reflex switching. When considering the physiological mechanisms of a conditioned reflex of any complexity, it should be borne in mind that the process of developing even the most elementary temporal connection is associated with the formation of a conditioned reflex to an experimental setting. It is now obvious that during the development of any conditioned reflex, several types of temporary connections are formed - a situational reflex (the type of a given experimental chamber, smells, lighting, etc.), a reflex for a time, a reflex to a given stimulus, etc. Each conditioned reaction consists of a number of somatic and vegetative components.
To understand the physiological mechanism of the situational conditioned reflexes, E. A. Asratyan introduced the concept of "conditioned reflex switching." It consists in the fact that one and the same stimulus can become a conditioned signal of various conditioned reactions. For example, a beep in one experimental chamber can be a signal for a food reaction, and in another chamber it can be a signal for a defensive reflex. One and the same signal in the first half of the day can serve as a defensive conditioned stimulus, and in the second half as a food signal. It is obvious that in both examples the conditioned signal is not the signal itself, but a complex of stimuli, consisting of the given signal and the entire setting of the experiment. While maintaining the experimental setting, any sound or other stimuli can be applied, which, like the setting of the experiment, can serve, in the terminology of E. A. Asratyan, as switches.
Conditioned reflexes of the nth order... The dog has developed a strong conditioned food reflex, for example, to turn on a light bulb. If, after 10 - 15 s, following an indifferent agent, for example, a sound, turn on a light bulb (a conditioned stimulus of a previously developed food conditioned reflex) without subsequent unconditioned reinforcement, then a conditioned connection is formed between the centers of excitation caused by the actions of sound and light. The reactions developed in this way are called the 2nd order conditioned reflex.
Let's give one more example. The dog developed a strong salivary reflex to the metronome. Then they began to show her a black square, but instead of feeding she was presented with the sound of a metronome, to which a conditioned reflex had previously been developed. After several combinations of these stimuli without food reinforcement, a conditioned reflex of the second order was formed, i.e. the black square began to induce salivation, although by itself in combination with food it was never presented. Conditioned reflexes of the 2nd order in dogs, as a rule, are unstable and soon disappear. Usually they manage to develop conditioned reflexes not higher than the 3rd order. Conditioned reflexes of the nth order are formed more easily with a general increase in the excitability of the cerebral cortex. For example, in children with increased excitability, conditioned reflexes up to the 6th order are quite easily developed, while in balanced healthy children, usually no higher than the 3rd order. In healthy adults, conditioned reflexes up to the 20th order are easily developed, but they are also unstable.
Mimic conditioned reflexes... These reflexes are especially easily developed in animals leading a group lifestyle. For example, if a conditioned reflex (for example, food) is developed in one monkey from a herd in full view of the entire herd, then this conditioned reflex is also formed in other members (L. G. Voronin). Imitative reflexes as one of the types of adaptive reactions of animals are widespread in nature. In its simplest form, this reflex is found in the form of the reflex of following. For example, schooling fish follow their congeners or even the silhouettes of fish. Another example was given by Charles Darwin. It is well known that crows do not let a person close with a gun or any long object in their hands. It is quite obvious that this “saving fear” (according to Charles Darwin) developed mainly not as a result of personal experience of communication with humans, but due to imitation of the behavior of individuals of the same species or even other species. For example, the cry of a jay serves as a danger signal for many animals in the forest.
Imitation of the behavior of primates, including humans, is of great importance in ontogeny. For example, “blind” imitation in children is gradually turning into purely human abilities.
In their physiological mechanism, imitative conditioned reflexes are apparently similar to conditioned reflexes of the nth order. This is easily seen in the development of a conditioned motor food reflex. The spectator monkey perceives the conditioned stimulus and, although it does not receive food reinforcement, it also perceives the natural conditioned stimuli accompanying food intake (the type of food, its smell, etc.). Thus, on the basis of a natural conditioned reflex, a new conditioned reflex is developed. And if we take into account that natural conditioned reflexes, due to their indissoluble and long-term connection with unconditional reflex activity, are very strong, then it becomes clear why conditioned reflex reactions are so easily and quickly formed on their basis.
Associations. Associations are formed when a combination of indifferent stimuli without reinforcement. For the first time such conditioned connections were investigated in dogs in the laboratory of I.P. Pavlov. In the experiments, combinations of tone and light were performed without food reward. After 20 combinations, the first signs of the formation of a temporary connection between these stimuli appeared: when exposed to light, the dog turned to the sound source (inactive at this time), and when the tone sounded, it looked at the light bulb (which was not lit), as if waiting for it to turn on. Studies have shown that a temporary connection between indifferent stimuli (exteroceptive) is formed in mammals after 10-40 combinations, and between stimuli of one modality it is formed faster than signals of different modality.
Conditioned Reflexes to Attitude... These conditioned reflexes are developed not for absolute, but for relative signs of stimuli. For example, if the animal is simultaneously presented with the small and large triangles, and only the small triangle is reinforced with food, then, according to the rules for the formation of a conditioned reflex, a positive conditioned reflex is formed on the small triangle, and a negative conditioned reflex (differentiation) to the large one. If now we present a new pair of triangles, in which the small triangle will be equal in absolute size to the large triangle, then the animal “from the spot” will manifest a conditioned food reflex to the smaller triangle in this pair.
Let's take another example. Dolphins were able to learn to choose the average from the three presented objects, since in preliminary experiments they received reinforcement (fish) only when choosing the average. It is important that the animals caught the trait "middle object" under conditions when, with each new experiment, they presented different objects (balls, cylinders, etc.) and in different parts of space in order to avoid the formation of a conditioned reflex "in place".
The biological significance of a conditioned reflex to a relation, as well as a temporary connection between indifferent stimuli, as a reflex of the n-th order, is that if the agents that cause them in the future coincide with the unconditioned reflex, then they immediately ("from the spot") become conditioned reflexes - there is a "transfer" of the developed conditioned reflex to a similar situation. There is every reason to believe that a reflex to an attitude, a temporary connection between indifferent stimuli, as well as conditioned reflexes of a higher order, underlie the physiological mechanism of such phenomena as "transfer of experience", "foresight", "insight", etc. arising as if without preliminary elaboration of a conditioned reflex.
Chain conditioned reflex... The possibility of obtaining a conditioned reflex to a chain of stimuli depends on the phylogenetic level of development of the nervous system of a given animal species. Thus, in monkeys (macaques, baboons, capuchins), after 40 - 200 applications of a chain stimulus, its components, tested separately, in most cases do not cause a conditioned reflex. In lower vertebrates (fish, reptiles), even after 700 - 1300 applications of the chain of stimuli, its components retain their signal value. In these animals, a conditioned reflex to a chain of stimuli is developed quite easily, but a complex stimulus does not become unified: each of its components retains its signal value.
There are four known methods for the formation of conditioned chain reflexes in animals. The first method is to combine single motor reactions into a chain of exteroceptive single stimuli. The second way is to build up the chain of movements from the end to be reinforced. For example, first, an animal (pigeon, rat, etc.) is taught to peck (press) the first shelf in the experimental chamber by a conditioned signal (turning on the light bulb). Then, having let a sufficiently hungry animal into the chamber, they do not give a conditioned signal, forcing the animal to make search reactions. The bait is placed on the second shelf. As soon as the animal touches the second shelf, immediately turn on the lamp (conditioned signal), and after pecking (pressing) the second shelf, the animal receives food reinforcement.
As a result of several such combinations, pecking (pressing) of the second shelf is fixed in the animal. After that, another exteroceptive signal is introduced - turning on the bell, preceding pecking (pressing) of the second shelf. Thus, a two-term, three-term, etc. is formed. chain of movements. In contrast to the indicated method, in the third method of forming a chain of motor reflexes, new movements and stimuli are "wedged" in the same way, but between the last link of the chain and reinforcement. Finally, with the fourth method of forming a chain of movements, the animal is not limited in movements, but only those chains that were "correct" are reinforced. It turned out that under such conditions, for example, the monkeys quickly learned to produce the necessary chain of movements, and all unnecessary actions gradually disappeared from them.
In animals, chains of movements are developed with varying degrees of difficulty, depending on the phylogenetic level of development of the nervous system. In turtles, for example, for a long time it is possible with great difficulty to develop a very unstable three-membered chain of movements; in pigeons, it is possible to form a rather strong chain of 8-9 movements, and in mammals, from an even greater number of movements. It was concluded that there is a dependence of the rate of formation of individual links and the entire chain of movements as a whole on the level of phylogenesis of the animal.
Automation of conditioned reflexes... Very many conditioned reflexes in animals and humans are automated after prolonged training and become, as it were, independent of other manifestations of higher nervous activity. Automation tends to develop gradually. Initially, it can be expressed in the fact that individual movements are ahead of the corresponding signals. Then comes the period when the chain of movements is completely carried out in response to the first, "starting" component of the chain of stimuli. At the first glance at the result of training a conditioned reflex, one may get the impression that at first the reflex is "attached" to something that controls it, and then, after a long exercise, it becomes to some extent independent.
Conditioned reflexes developed with different timing of the signal and reinforcement. According to how the signal is located in time relative to the reinforcing reaction, present and trace conditioned reflexes are distinguished.
Conditioned reflexes are called cash, during the development of which reinforcement is used during the action of a signal stimulus. Cash reflexes are divided into coincident, delayed and delayed, depending on the timing of the reinforcement. A matching reflex is developed when reinforcement is attached to it immediately after turning on the signal.
A delayed reflex is developed in cases where a reinforcing reaction is added only after a certain time (up to 30 s). This is the most commonly used method of developing conditioned reflexes, although it requires more combinations than the method of coincidence.
The delayed reflex is developed when a reinforcing reaction is attached after a long isolated action of the signal. Typically this isolated action lasts 1-3 minutes. This method of developing a conditioned reflex is even more difficult than both previous ones.
Conditioned reflexes are called trace reflexes, during the development of which a reinforcing reaction is presented only some time after the signal is turned off. In this case, the reflex is developed on the trace from the action of the signal stimulus; use short intervals (15 -20 s) or long (1-5 min). The formation of a conditioned reflex according to the following method requires the greatest number of combinations. On the other hand, trace conditioned reflexes provide very complex acts of adaptive behavior in animals. An example is the hunt for lurking prey.
Conditions for developing temporary connections... Combination of signal stimulus with reinforcement. This condition for the development of temporary connections was revealed from the very first experiments with salivary conditioned reflexes. The steps of the minister carrying food only then caused "psychic salivation" when they were combined with food.
This is not contradicted by the formation of trace conditioned reflexes. Reinforcement is combined in this case with a trace of excitation of nerve cells from a signal that was previously switched on and already switched off. But if the reinforcement begins to outpace the indifferent stimulus, then the conditioned reflex can be worked out with great difficulty, only by taking a number of special measures.
Indifference of the signal stimulus... The agent chosen as a conditioned stimulus for the food reflex should not in itself have anything to do with food. He must be indifferent, i.e. indifferent, for the salivary glands. The signal stimulus should not cause a significant orienting reaction that interferes with the formation of a conditioned reflex. However, each new stimulus evokes an orienting reaction. Therefore, to lose their novelty, it must be reapplied. Only after the orienting reaction is practically extinguished or reduced to an insignificant value does the formation of a conditioned reflex begin.
The predominance of the force of arousal caused by reinforcement. The combination of the beat of the metronome and feeding the dog leads to a quick and easy formation of a conditioned salivary reflex to this sound. But if you try to combine the deafening sound of a mechanical ratchet with food, then such a reflex is extremely difficult to form. For the development of a temporary connection, the ratio of signal strength and reinforcing response is of great importance. In order for a temporary connection to form between them, the focus of excitation created by the latter must be stronger than the focus of excitation created by the conditioned stimulus, i.e. there should be a dominant. Only then will the spread of excitation from the focus of the indifferent stimulus to the focus of excitation from the reinforcing reflex occur.
The need for significant intensity of arousal... A conditioned reflex is a warning reaction to a signal of upcoming significant events. But if the stimulus that they want to make a signal turns out to be an event even more significant than those that follow it, then this stimulus itself causes the corresponding reaction of the organism.
Lack of extraneous irritants... Each extraneous irritation, for example, an unexpectedly heard noise, causes an indicative reaction.
Normal performance of the nervous system. A full-fledged closure function is possible provided that the higher parts of the nervous system are in normal working condition. The performance of the nerve cells of the brain is sharply reduced with insufficient nutrition, with the action of toxic substances, for example, bacterial toxins in diseases, etc. Therefore, the general state of health is an important condition for the normal functioning of the higher parts of the brain. Everyone knows how this condition affects the mental work of a person.
The condition of the organism has a significant effect on the formation of conditioned reflexes. Thus, physical and mental work, nutritional conditions, hormonal activity, the action of pharmacological substances, breathing at high or low pressure, mechanical overload and ionizing radiation, depending on the intensity and timing of exposure, can modify, enhance or weaken conditioned reflex activity up to its complete suppression.
The study of the final, behavioral manifestations of higher nervous activity has significantly outstripped the study of its internal mechanisms. Until now, both the structural foundations of the temporary connection and its physiological nature have not been sufficiently studied. Different views are expressed on this issue, but the issue has not yet been resolved. However, at the current level of research it is becoming more and more certain that, along with the structural one, it is necessary to take into account the neurochemical organization of the brain.
Introduction
A. Current state of the institution of contingent transactions
B. Statement of the problem
Chapter 1. Overview of scientific views
1.1. Conditional rights concepts
1.1.1. Conditional rights as pending rights and as second rights
1.1.2. Conditional rights as an institution sui generis
1.1.3. Conditional obligation as an auxiliary legal relationship and as a legal relationship without rights and obligations
1.2. Conditional rights from the point of view of the theory of legal facts
1.2.1. Legal consequences of legal facts and transactions
1.2.2. Legal consequences of incomplete factual composition
Chapter 2. Interpretation of the properties of conditional rights
2.1. The negotiability of conditional rights
2.1.1. Universal succession in conditional rights
2.1.2. Singular succession in conditional rights
2.1.3. Assignment of contingent and future rights
2.2. Other arguments in favor of the existence of a legal connection between the parties to a contingent transaction
2.3. Arguments against qualifying contingent rights as binding
2.3.1. Deferred and unmatched commitments
2.3.2. Contingencies and liabilities
2.4. The concept of the obligatory nature of contingent rights
Chapter 3. Certain types of contingent liabilities
3.1. Circle of conditional transactions
3.2. Insurance as a contingent liability
3.3. Settlement derivatives as contingent liabilities
3.3.1. Nature and structure of deliverable forward, futures and swap
3.3.1. Nature and structure of settlement forward, futures and swap
Conclusion
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Introduction
A. Current state of the institution of conditional transactions
Conditional transactions are widespread in modern commercial turnover, especially in medium and large businesses. Terms are usually included in a variety of investment agreements, agreements mediating mergers and acquisitions, loan agreements, shareholder agreements, large supply agreements, contracts, leasing agreements, and many others. The conditions are, for example, such circumstances as the achievement of certain production or financial indicators by the company, business restructuring, raising financing, changing the composition of the corporation's participants, reducing staff, changing the refinancing rate, exchange quotes, and exchange rates.
The popularity of conditional transactions is easy to explain. According to the figurative expression of R. Iering, the condition “emancipates us from the framework of the present and subordinates us to the future without subordinating us to this future” 1. The parties determine in advance how this or that circumstance will affect their legal relationship, which eliminates or minimizes many risks associated with the uncertainty of future developments. In addition, the use of a condition allows you to influence the behavior of the parties. For example, a loan agreement may contain a clause on lowering the interest rate if the borrower's financial stability indicators at the end of the year turn out to be better than those provided for in
1 Iering R., background. The spirit of Roman law (cited in: Gambarov Yu.S. Course of civil law. St. Petersburg, 1911, p. 760).
the business plan agreed by the parties, and the condition on the bank's right to raise the interest rate or withdraw from the contract if such indicators are lower than planned.
The development and complication of economic relations makes conditional transactions more and more popular and entails the need for their effective legal regulation. However, the current Russian legislation in this regard is extremely laconic: only Art. 157 of the Civil Code of the Russian Federation. In its first two paragraphs, the definitions of suspensive and canceling conditions are given, and the third contains a very narrow scope of application of the rule on fiction of the onset or non-occurrence of a condition in the event of unfair assistance or obstruction of its onset by one of the parties. The same norm was practically unchanged in the Civil Code of the RSFSR in 1922 (Article 41) and the Civil Code of the RSFSR in 1964 (Article 61).
The paucity of regulatory material can be explained by the fact that the Soviet planned economy did not need the institution of conditional transactions. The participants in the turnover use such transactions when they independently plan their economic activities, and do not follow the state plan. That is why in 1954 I. B. Novitsky wrote that the terms are used "almost exclusively in the transactions of citizens" 2.
In the Civil Code of the Russian Federation of 1994, regulation was not expanded, probably because at the time of its adoption, market relations were just beginning to take shape and did not require such delicate legal instruments.
Modern judicial practice also does not compensate for the lack of legislative regulation of contingent transactions.
2 Novitsky I.B. Transactions. Limitation of actions. M., 1954.S. 46.
Practically the only question that the courts have to decide is the question of whether a circumstance that depends on the will of one of the parties (a test condition) can act as a condition. In many cases, the courts come to a fair conclusion about their admissibility, since the legal definitions of transactions made under the condition (paragraphs 1 and 2 of article 157 of the Civil Code of the Russian Federation) do not contain appropriate restrictions. But often the courts take the opposite position. Probably, the analysis of the rule of clause 3 of Art. 157 of the Civil Code of the Russian Federation, focused primarily on transactions made under a random condition, the occurrence of which should not depend on the will of the parties4. Since the Civil Code of the Russian Federation does not contain other rules regarding conditional transactions, the courts believe that only those transactions that fall under this rule are conditional.
A restrictive interpretation of the provisions of Art. 157 of the Civil Code of the Russian Federation is also reflected in the position taken by some courts that “a transaction is considered completed under a suspensive condition if the parties have made it dependent on a circumstance regarding which it is not known whether it will occur or not, the occurrence of all, and not only individual rights and obligations under the transaction , that is, a transaction is considered completed under a suspensive condition if its very existence is made by the parties dependent on a certain condition ”5.
Another example of the interpretation of Art. 157 of the Civil Code of the Russian Federation, not in accordance with its literal meaning can be illustrated by the following extract from a judicial act: “... by its nature, a cession is
3 See: The practice of applying the Civil Code of the Russian Federation, part one / under total. ed. V.A. Belova. M., 2008.S. 252-261 (chapter author - AB Babaev).
4 The occurrence of just such a condition may be obstructed or facilitated by a party in bad faith. It is impossible to hinder or facilitate one's own actions (potestative condition).
5 Decision of the Moscow Arbitration Court of 11.04.2008 in case No. А40-5814 / 08-91-43.
an administrative transaction, which, as mediating the transfer of law, cannot be ... urgent or indefinite, therefore it is not subject to Article 157 of the Civil Code of the Russian Federation ”6. In our opinion, there is no reason for such a conclusion either de lege lata or de lege ferenda. Moreover, in relation to a financing agreement against the assignment of a monetary claim, an assignment under the condition is expressly permitted para. 1 p. 2 art. 826 of the Civil Code of the Russian Federation: "If the assignment of a monetary claim is due to a certain event, it comes into force after the occurrence of this event."
The almost complete absence of regulatory prescriptions, inconsistency and scarcity of judicial practice give rise to a state of legal uncertainty in the regulation of the institution of conditional transactions. With such uncertainty, as well as the general conservatism of Russian
courts and their restrictive understanding of the principle of freedom of contract for participants in civil turnover, there is a high risk that the conditional transaction they have concluded will be invalidated or its content will not be interpreted in accordance with the general will of the parties and the purpose of the transaction. Therefore, many entrepreneurs, especially representatives of large business, prefer to subordinate the contracts they conclude to foreign law.
The problem of legal uncertainty should be corrected by including additional norms in the Civil Code of the Russian Federation, as well as the formation of
6 Resolution of the Federal Antimonopoly Service of the North-West District of September 24, 2009 on case No. A42-917 / 2008.
7 For conditional managerial transactions see: E.A. Krasheninnikov. The legal status of the parties to a suspended transaction during the state of suspension // Essays on commercial law: collection of articles. scientific. tr. / ed. E.A. Krasheninnikov. Issue 12. Yaroslavl, 2005. S. 9-13; He's the same. Condition in the transaction: concept, types, admissibility // Essays on commercial law: collection of articles. scientific. tr. / ed. E.A. Krasheninnikov. Issue 8. Yaroslavl, 2001.S. 15-16.
8 See: A.G. Karapetov. Freedom of contract and the limits of imperativeness of civil law norms // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2009. No. 11. S. 100-133.
judicial practice by the highest courts. In particular, it is necessary to determine whether the potestative conditions are acceptable; whether it is possible to establish an offense as a condition; what are the consequences of establishing as a condition a circumstance that has already occurred or the occurrence of which is impossible; whether to limit the period during which the condition may occur; whether the occurrence of the condition has the opposite effect; whether it is possible to replace the party to the conditional transaction before the condition occurs.
Many foreign codifications (German Civil Code (Section 4, Part 3, Book 1; hereinafter - GSU), French Civil Code (Part 1, Chapter 4, Book 3; hereinafter - FGK), Code of Obligations of Switzerland (Chapter 2 of the title 4), the Civil Code of Quebec (§ 1, Section 1, Chapter 5, Book 5; hereinafter - the Civil Code of Quebec), the Civil Code of the Netherlands (Chapter 5, Section 1; hereinafter - the Civil Code of the Netherlands), the Civil Law of Latvia (Subsection 4 , ch. 2, part 4), the Civil Code of Lithuania (Section 4, Chapter 2, Book 6; hereinafter - the Civil Code of Lithuania), the Law of the Republic of Estonia of June 28, 1994 "On the General Part of the Civil Code" (Section 3), etc. .) contain separate sections that provide answers to many of these questions. The draft Civil Code of the Russian Empire also contained a chapter on conditions and terms (Chapter V, Section III, Volume I) 9.
The long-term lack of demand for conditional transactions, the absence of full-fledged regulatory regulation and judicial practice negatively affected the state of the doctrine. Until recently, the doctrine of conditional transactions was of little interest to domestic civilians; it not only did not develop, but also degraded relative to the pre-revolutionary level. Only in the last decade
9 Civil Code. Book. 1. General provisions: a draft of the Imperially established Editorial Commission for the preparation of the Civil Code (with explanations extracted from the proceedings of the Editorial Commission) / ed. THEM. Tyutryumova; comp. A.L. Saatchian. M., 2007.S. 135-152.
interest in this institute was renewed. Articles by E.A. Krasheninnikov, S.A. Gromova, A.G. Karapetova, L.V. Kuznetsova, E.A. Ostanina, Ya. V. Karnakova, L.I. Shevchenko. In their works, the doctrine of conditional transactions is largely restored on the basis of the works of pre-revolutionary Russian civilians, foreign sources and foreign legislation. At the same time, scientific discussion often focuses on issues that were already solved by scientists of the 19th century, and even by ancient Roman lawyers, however, due to the conservative restrictive understanding of conditional transactions that developed in Soviet times, modern researchers are forced to return to these issues.
A striking example of this is the discussion about the admissibility of defining a circumstance as a condition, partially (mixed condition) or completely (potestative condition) depending on the will of the party to the transaction. In Roman private law, such conditions were allowed10. A very detailed classification of conditions is contained in the FGK. The potestative and mixed conditions did not raise doubts among domestic civil scientists - D.I. Meyer, K.P. Pobedonostsev, V.I. Sinaisky, E.V. Vaskovsky, G.F. Shershenevich, Yu.S. Gambarova, I.B. Novitsky, D.M. Genkina and others. Some of them only made a reservation about the impossibility of placing a transaction under a condition that depended solely on the will of the debtor (a purely potestative condition on the side of the debtor). However, after the Soviet period of oblivion of the doctrine of conditional transactions, this rather obvious issue began to be resolved as if from scratch. Hence, ideas that were quite exotic for foreign law and Russian pre-revolutionary science, which began to be voiced in modern Russian doctrine. So, for example, M.I. Braginsky, without making any reservations or exceptions
10 Cm .: Zimmermann R. The Law of Obligations. Roman Foundations of the Civilian Tradition. Oxford University Press, 1996. P. 722.
and without drawing a line between purely potestative and simply potestative conditions, conditions depending on the creditor or the debtor, without analyzing the problems of mixed conditions and without plunging into other details, he put forward the thesis according to which a condition can only be a circumstance that does not depend on the will of the party to the transaction11. The same opinion was expressed by V.A. Belov 12. In our opinion, as in the opinion of many modern researchers13, there are no grounds for such conclusions. A restrictive interpretation of Art. 157 of the Civil Code of the Russian Federation and examples from judicial practice cannot be such grounds.
The conservatism of some modern Russian civil scientists in the issue of the admissibility of test conditions was fully manifested in the preparation of the reform of Russian civil legislation, launched on the basis of the Decree of the President of the Russian Federation of 18.07.2008 No. 1108 "On improving the Civil Code of the Russian Federation." The draft law on introducing large-scale amendments to the Civil Code of the Russian Federation provided for the addition of Art. 157 of the Civil Code of the Russian Federation with the provision that, as a general rule, a transaction cannot be concluded under a condition, the occurrence of which exclusively or primarily depends on the will of one of its parties. When considering the draft law by the State Duma of the Russian Federation, this provision was excluded, and the text of Art. 157 of the Civil Code of the Russian Federation remained unchanged. Apparently the question is
"See: Braginsky MI Transactions: concepts, types and forms (commentary to the new Civil Code of the Russian Federation). M., 1995.
12 See: V.A. Belov. On the issue of the bad faith of the taxpayer: a critical analysis of law enforcement practice. M., 2006.S. 11.
13 See, for example: A.G. Karapetov. The dependence of the condition on the will of the parties to the conditional transaction in the context of the civil law reform // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2009. No. 7. S. 28-93; Krasheninnikov E.A. Condition in the transaction: concept, types, admissibility. S. 14-15; Gromov S.A. Controversial aspects of the doctrine of conditional transactions // Transactions: problems of theory and practice: collection of articles. Art. / hands. ed. count and otv. ed. M.A. Rozhkova. M., 2008.S. 273-281.
whether it is permissible to conclude a transaction under a potestative condition remains to be resolved by judicial practice, and a discussion about the range of legal conditions is still ahead.
Really complex and ambiguous from the standpoint of both dogmatics and the politics of law is the question of whether the will of the debtor can act as a condition (a purely potestative condition on the side of the debtor). In Russian civil law, this issue is just beginning to be investigated14.
Another example of a restrictive understanding of conditions is the exclusion from their number of offenses. The point of view according to which illegal acts cannot act as conditions was expressed, for example, by D.M. Genkin, V.A. Ryasentsev, S.M. Korneev 15. Among contemporary authors, B.C. Em16, JT.B. Kuznetsova17, L.I. Shevchenko 18. However, V.I. Golevinsky rightly pointed out that it is not the circumstance itself that is a condition that should be assessed, but the purpose for which it is provided for by the contract. Only the condition that induces the party to misconduct is inadmissible. If the condition is an offense, but none of the parties is interested in its occurrence, there are no grounds for declaring it illegal19. A similar opinion was expressed by I. B. Novitsky 20.
14 See: A.G. Karapetov. Dependence of the condition on the will of the parties to the conditional transaction in the context of the civil law reform. S. 81-86; Ageev V.A. Potestative conditions in civil law in France // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2013. No. 4. S. 37-52.
15 See about this: Ya.V. Karnakov. Some issues of conditional transactions // Law. 2008. No. 11.P. 158.
16 See: Civil Law. In 4 volumes. Vol. 1: General part: textbook. for university students / otv. ed. E.A. Sukhanov. M., 2008.S. 456-457 (chapter author - B.C. Em).
17 See: L.V. Kuznetsova Transactions made under the condition // Transactions: problems of theory and practice. S. 204-206.
18 See: L.I. Shevchenko. Controversial issues of making contingent transactions in entrepreneurial activity and judicial and arbitration practice // Zakon. 2009. No. 7. S. 210-211.
19 See: V.I. Golevinsky. On the origin and division of obligations. Warsaw, 1872.S. 181-182.
The widespread use at present of conditional transactions in relations between entrepreneurs requires further development of the doctrine in order to improve legislation. Issues that are much more complex than those discussed in Russian civil law science today should be subjected to a full study. This is the already mentioned admissibility of a purely potestative condition on the side of the debtor, and the reverse effect of the condition, and the possibility of performing under the condition of an administrative transaction (cession, tradition), and the relationship between the condition and the condition of law (conditio juris), and many other problems.
The present work is devoted to one of the most difficult and controversial issues of the theory of conditional transactions. This is a question about the nature of the “state of expectation” that arises after the commitment transaction under a suspensive condition21 and exists until the moment of resolution (onset or disappearance) of the latter.
B. Statement of the problem
The generally accepted point of view is that the rights and obligations from a transaction made under a suspensive condition arise only at the moment the condition occurs, and before that there is a kind of "connectedness" between the parties. It can be designated
20 See: I.B. Novitsky. Decree. op. P. 47.
21 For brevity, in what follows we will refer to conditional rights of obligation as conditional rights, and obligatory transactions with a suspensive condition - conditional transactions, unless otherwise specified.
22 This work does not touch upon the issues of the consequences of transactions under canceling conditions, therefore, in the future, under the conditions we will mean only suspensive conditions, unless otherwise specifically stated.
as a "contingent liability". This term is used in the legislation of many foreign countries (in the FGK, the Code of Obligations of Switzerland, the Civil Code of Spain, the Civil Law of Latvia, the Civil Code of Lithuania, the Civil Code of Quebec, etc.) and international legal acts (Article 16: 101 of the Principles of European Contract Law (hereinafter - PES ), Art. 1: 106, Book 3 of the Principles, Definitions and Model Rules of European Private Law (hereinafter - £\u003e C7<7?)).
In the GSU, and after it in the draft Civil Code of the Russian Empire, the civil codes of the RSFSR and the Civil Code of the Russian Federation, it is not about contingent liabilities, but about contingent transactions. In this regard, in the pre-revolutionary Russian literature, the concept of “conditional obligation” was used infrequently23, and in Soviet times it completely disappeared from scientific circulation and is extremely rare in modern works. This discrepancy in terminology is caused not by doctrinal discrepancies, but by the peculiarities of the structure of acts of civil legislation - the presence or absence of general provisions on transactions in them. The answer to the question about the relationship of these concepts is simple: a conditional obligation is a legal consequence of a committed transaction under a suspensive condition.
However, the names and definitions of the position of the parties to the conditional transaction before the resolution of the condition are many. Probably no other legal phenomenon has been described in such figurative and so unlike scientific expressions. Here are just a few of them: "the legally protected hope of becoming a creditor someday" 24, "indefinite legal relationship" 25, "intermediate and unresolved
23 See, for example: V.I. Golevinsky. Decree. op. P. 173; K.P. Pobedonostsev Civil law course. T. 3.M., 2003.S. 7.
24 Plyaniop M. Course of French Civil Law. Part one: commitment theory. Petrokov, 1911, p. 94.
25 Savatier R. The theory of obligations. Legal and economic outline. M., 1972.S. 271.
state of law "," state of inaction "," state of indecision "28," intermediate state "29," preparatory state "30," indecisive state "31," legal connection without direct implementation "32," establishment of legal relations "33," germ of law ”34,“ potential law ”35,“ eventual law ”36. Sometimes the Latin expressions conditio pendens are used (the condition in
waiting), pendente conditione (period of unreliability of
conditions) .
Researchers are encouraged to use these vague characteristics by analyzing the content of the contingent liability. It does not allow us to conclude either that there is a binding relationship between the parties before the condition is resolved, or that there is no connection.
Summarizing the results of numerous studies of both domestic and foreign scientists, two groups of properties of a contingent liability can be distinguished: indicating the absence
26 Gambarov Yu.S. Decree. op. P. 760.
28 Ibid. P. 765.
31 Vaskovskiy E.V. Civil law textbook. M., 2003.S. 169.
32 Pobedonostsev K.P. Decree. op. P. 8.
33 Novitsky I.B. Decree. op. P. 49.
34 Julio de pas Morandier L. French Civil Law. T. 2.M., 1960.S. 618.
35 Civil law: topical problems of theory and practice / under total. ed. V.A. Belova. M., 2009.S. 776 (essay author - A.B. Babaev).
36 Leçons de droit civil. T. 2. Vol. 1: Obligations, théorie générale / J. Mazeaud, L. Mazeaud, H. Mazeaud, F. Chabas. 9ème éd. Montchrestien 1998. P. 1087.
37 Plyaniol M. Decree. op. P. 93.
38 Julio de la Morandier L. Decree. op. P. 617.
obligations and evidence of the existence of a legal connection between the parties.
The first group includes the following characteristics:
1) prior to the occurrence of the condition, the obligee cannot demand from the debtor what is due to him, i.e. does not have the right to be enforced;
2) the conditional obligation is not subject to voluntary performance (and if the debtor made the provision before the condition occurred, an unjust enrichment is formed on the creditor's side);
3) set-off is not possible with respect to the conditional law.
The existence of a legal connection between the parties to the contingent liability is proved by the following statements:
1) the transaction under the condition is considered concluded and cannot be canceled or changed unilaterally;
2) a conditional law can be the object of a singular and universal legal succession;
3) a conditional right can be secured by a pledge, mortgage, surety, bank guarantee, forfeit and other means;
4) the conditional law can be the subject of novation and debt forgiveness;
5) the conditional right of the debtor is included in the bankruptcy estate, and the conditional right of the creditor may be declared in the bankruptcy proceedings;
6) the parties to the contingent obligation are prohibited from maliciously obstructing or facilitating the offensive or non-occurrence
conditions under the threat that the condition will be deemed not to have occurred or to have occurred, respectively;
7) in the event of the occurrence of a suspensive condition, the obligee in the transaction may demand compensation for losses caused by the fact that the debtor guiltyly obstructed the emergence of the right (for example, by destroying or damaging the thing (§ 160 (1) GGU)).
This duality requires a scientific explanation - determining the nature of contingent liabilities before the condition is resolved. They should be reduced to one of the existing legal institutions, and if this is not possible, their independent existence should be justified. Concepts that do not have an exact content and place in the conceptual apparatus are unscientific.
In addition, more specific theoretical questions require resolution. Are the conditional transaction and the occurrence of the condition separate legal facts or are they elements of the same actual composition? Can the occurrence of a condition be regarded as a legal fact or is it of a different nature? How do contingent rights become ordinary rights? The legal consequence of which legal fact or actual composition is the emergence of an obligation?
The answers to these questions are not only of theoretical importance. The practical aspect of the problem is primary: after all, it depends on how the nature of the contingent obligation is determined which legal norms apply to it. The nature of conditional rights cannot be discovered, discovered by a scientist as a result of dogmatic analysis, since this concept itself is conventional. Therefore, the definition of "contingent liability" should be assessed not in terms of truth, but in terms of internal
consistency, correlation with other concepts and constructions, and mainly - from the standpoint of convenience for effective legal regulation and use in legislation. In other words, when solving the question of the nature of conditional rights, it is necessary to be guided by the idea of \u200b\u200bpractical use.
The applied value of solving the problem of the nature of conditional rights can be substantiated by the example of several norms of the current Civil Code of the Russian Federation. According to paragraph 1 of Art. 157 of the Civil Code of the Russian Federation, a transaction is considered completed under a suspensive condition if the parties have made the emergence of rights and obligations dependent on a circumstance regarding which it is not known whether it will occur or not. According to paragraph 1 of Art. 382 of the Civil Code of the Russian Federation, the right (claim) belonging to the creditor on the basis of an obligation can be transferred by him to another person under the transaction (assignment of the claim) or transferred to another person on the basis of the law. Comparing the texts of these two provisions, we come to the conclusion that the assignment of conditional rights is not allowed by Russian legislation, since it is possible only in relation to the rights belonging to the creditor, which cannot be attributed to (conditional) rights that have not yet arisen. At the same time, as L.A. rightly notes Novoselova, “the possibility of assignment of rights, the exercise of which was put ... under a condition, was practically not questioned either in foreign or in Russian and Soviet civil law” 39.
Another example is the ratio of the legal definition of a transaction made under a suspensive condition and the rules of clause 1 of Art. 425 of the Civil Code of the Russian Federation, according to which the contract comes into force and becomes binding on the parties from the moment of its conclusion. It turns out that a contract made under a condition is binding on the parties from the moment of its conclusion, but if
39 Novoselova L.A. Transactions of assignment of rights (claims) in commercial practice. Factoring. M., 2003.S. 170.
this does not give rise to rights and obligations prior to the occurrence of the condition. It is not clear what is the obligation of a treaty if it did not give rise to obligations. Such uncertainty may raise doubts about the possibility of applying the norms of the Civil Code of the Russian Federation on contracts (on their registration, amendment and termination) and obligations (on their security and termination) to contingent transactions and contingent obligations.
Thesis conclusion on the topic “Civil law; business law; family law; private international law ", Vasnev, Vladimir Vladimirovich
Conclusion
The traditional view of the operation of obligatory transactions with a suspensive condition is that the obligation arises only when the condition occurs, but until then there is a different kind of legal connection between the parties. This connection is characterized as the right of expectation (Anwartschaftsrecht), the second right, the phenomenon sui generis. Such constructions are used in doctrine in order to explain the possibility of universal and singular succession in contingent rights, forgiveness of contingent debt, novation of contingent liability, and some other properties of contingent rights. At the same time, according to scientists, the qualification of a conditional obligation as an obligation is impeded by the probabilistic nature of the occurrence of the condition (and therefore, the lack of certainty about the need to perform performance), the inadmissibility of compulsory and early performance of the conditional obligation.
In our opinion, the concepts of conditional rights proposed in the literature are unconvincing. In fact, they only replace one vague concept - a conditional obligation - with others, equally vague or controversial (the right of waiting, the second right, legal hope, states of uncertainty).
The reason for the conclusion about the special nature of the conditional law could be the impossibility of its definition in another way. However, our research shows that this can be done: on the one hand, those properties of conditional rights, which are traditionally cited as evidence of the existence of a legal connection between the parties to a transaction under a suspensive condition, lend themselves to explanation and if we imagine that there is no such connection; on the other hand, arguments put forward to prove the impossibility of qualifying contingent liabilities as liabilities can be refuted. Therefore, we propose two other approaches - the concept of the obligatory nature of contingent rights and the concept that denies the existence of a legal connection between the contingent creditor and the debtor. Both of them are preferable to traditional approaches, since they correspond to the principle of inadmissibility of the multiplication of entities and the classical doctrine of legal facts and their consequences.
Choosing between the two named options, we unequivocally give preference to the obligatory concept: a transaction with a suspensive condition generates an obligation already at the moment of its execution, and the occurrence of a condition only clarifies the question of the need for its execution. The choice of this approach is mainly due to the convenience of its practical use. It makes it possible to extend the regime of unripe obligations to contingent liabilities and thereby solve the problem of normative justification for the possibility of transferring contingent rights and obligations in the order of universal and hereditary succession, termination of contingent rights through debt forgiveness and innovation, etc. At the same time, Russian legislation contains only one rule regulating immature obligations, which cannot be applied to contingent obligations - a dispositive rule on the admissibility of early fulfillment of an obligation (Article 315 of the Civil Code of the Russian Federation). In our opinion, this difference cannot be regarded as significant enough to cast doubt on the advisability of defining the nature of conditional rights as obligatory.
On the contrary, the concept of denying the legal connection between the parties to a conditional transaction is inconvenient for practical application. Its implementation in the legislation will require the establishment of special rules, in particular, the rules on the occurrence, upon the occurrence of a condition, of unconditional rights and obligations of the heir of a party to a conditional transaction or a person in respect of whom a transaction was made to replace a party to a contract.
The additional benefits of qualifying the position of the parties prior to the onset of a suspensive condition as a liability can be illustrated by the example of an insurance liability and settlement derivatives.
A real insurance contract gives rise to a conditional obligation for the insurer to make insurance payments and unconditional ancillary obligations, in particular the obligation of the policyholder to inform the insurer about circumstances that may affect the increase in the insured risk. Assuming that the contingent liability is not a liability, then we will have to recognize that in most cases the actual insurance contract does not give rise to basic obligations at all. If the insured event does not occur, then the content of the insurance obligation will be limited only by auxiliary rights and obligations. Such an approach contains a logical contradiction and is inconvenient from both practical and dogmatic points of view.
Settlement forward, futures and swap are contracts with opposite terms. At the same time, from an economic point of view, the position of the parties to such agreements before the onset of the condition is identical to the position of the parties to deliverable forwards, futures and swaps, which are purchase and sale agreements. Since the obligatory nature of the sale-purchase relationship is not in doubt, the relationship of settlement derivatives should also be recognized as obligatory.
Based on the conclusions made, we formulated a proposal to supplement the Civil Code of the Russian Federation with the following provision: “Since nothing else is established by this Code, other laws or does not follow from the essence of the relevant relationship, general provisions on obligations, general provisions on the contract and provisions on certain types of obligations contained in this Of the Code and other laws apply to claims arising from transactions made under a suspensive condition. "
List of dissertation research literature candidate of Legal Sciences Vasnev, Vladimir Vladimirovich, 2013
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There are several systems for classifying conditioned reflexes, each of which takes into account one leading factor.
By the nature of the conditioned signal reflexes are subdivided into natural and artificial... TO natural , natural reflexes include those that are formed on natural signs of unconditioned irritation (for example, the smell of food). So, once we have tasted an orange, we will forever acquire a reflex to its smell. Any other conditioned signals that are not an indispensable property of food, but that coincide in time with the moment of its consumption, refer to artificial conditioned signals. Reflexes generated from these signals are called artificial , for example, salivating at the sight of dishes. These conditioned reflexes are produced more slowly and are destroyed more easily.
The natureconditional signalthere are two groups of conditioned reflexes: exteroceptive andinteroceptive.
In accordance with which receptor devices the stimuli act on, the following are distinguished exteroceptive conditioned reflexes: visual, auditory, olfactory, gustatory, tactile, temperature. The school bell is perceived by children as a signal to the end of the lesson, the red light of a traffic light as a signal of danger. In addition, exteroceptive conditioned reflexes are divided into distant (visual, auditory) and contact (tactile, gustatory).
Interoceptive conditioned reflexes occur when an afferent stimulus from internal organs that has entered the brain becomes a signal for the autonomic or motor activity of the body.
These conditioned reflexes "from internal organs" differ in the following features: mechanical, chemical, temperature, osmotic, etc. If the division is based on the organ from the receptors of which this or that interoceptive signal is formed, then we can speak of gastric, intestinal, cardiac, pulmonary, uterine and other reflexes. With hiccups, a person rushes to drink a glass of water. Feeling hungry, the child runs to the kitchen to find food there.
By the nature of the responseconditioned reflexes can be divided into two groups: motor and autonomic . Autonomic conditioned reflexes include, for example, the classic salivary conditioned reflex. Almost all internal organs can obey conditioned reflex control.
In general, the division into motor and autonomic conditioned reflexes is rather relative. For example, conditioned motor reflexes associated with food consumption are usually determined by the type of the corresponding movement (chewing, gnawing, sucking, etc.). However, during their formation, significant vegetative changes occur (the lumen of the vessels, heart rate, respiratory rhythm, etc. change).
Conditioned reflexes also distinguish by characteristics of reinforcements. If an unconditioned stimulus is used as reinforcement, such a conditioned reflex refers to conditioned reflexes of the first order. These reflexes are also developed first in the process of ontogenesis. If a child at the age of 3-4 months is fed only from a red bottle, he will unmistakably choose it among others: a conditioned stimulus is a bottle, a reinforcing one is food. If a stimulus is used as a reinforcement that causes a previously developed strong conditioned reflex, then the new conditioned reflex is called conditioned reflex of the second order ... For example, if before giving a baby food in a red bottle at 6-8 months, he is put on a special highchair. This irritant will elicit the same reaction as the bottle. Conditioned reflexes of the third and subsequent orders may occur.
Reflexes of this type are formed later in children and form the basis for the development of mental activity. They are also important for the formation of motor stereotypes (see section "Dynamic stereotype").
Depending on the presence or absence of reinforcement, conditioned reflexes are divided into positive (reinforced), which cause an appropriate response of the body, and negative, or inhibitory (unreinforced), which do not cause an appropriate response.
Of great importance in human life are reflexes to attitudewhen not absolute but relative signs of stimuli are used as signals. If the level of development of GNI allows the development of this type of reflexes, then, having received reinforcement for choosing the largest circle, the child will choose the largest among the proposed row of squares. Formation these reflexes are one of the signs that the child is ready for school.
A special type of conditioned trace reflexes is conditioned reflexes for a while... If any unconditioned reflex manifests itself at the same time intervals, then as a result, each time after the expiration of this interval, as if by itself, a reaction arises, caused by the action of the unconditioned stimulus. This reaction is called conditioned reflex to "clean" time... These reflexes play a huge role in the formation of internal rhythms. So, for example, students and teachers develop conditioned reflexes for a lesson duration of 45 minutes.
Even well-developed reflexes are not always manifested in the presence of a stimulus. One of the reasons may be the development of inhibition in the cerebral cortex.
Currently available data conditioned reflex fetal activity very contradictory. Some physiologists believe that the body is ready for the formation of conditioned connections already in the last months of prenatal development. Thus, experiments are described in which a vibrator is placed on the belly of a pregnant woman, which causes unconditioned reflex motor reactions of the fetus during operation (a tuning fork was used as a conditioned stimulus). After several combinations of two stimuli, a conditioned reaction of fetal movement to the sound of a tuning fork arose.
Conditioned reflex newborn reactions are generated for biologically important stimuli. Interoceptive conditioned reflexes appear first. In the first days of postnatal life, a child develops natural food reflexes during feeding. With a strict feeding regimen for 5-7 days, an increase in the number of leukocytes and gas exchange is noted even before a meal. Children wake up, they have increased physical activity. Sucking movements occur even before the nipple is inserted into the mouth.
By the 2nd week after birth, a reaction to the "feeding position" is formed, which is expressed in involuntary sucking movements, head movement, and opening the mouth. Conditioned signals in this case are a complex of stimuli acting on the receptors of the skin, motor and vestibular analyzers. These stimuli arise when the baby's body is in a typical breastfeeding position. SD Meleshko showed that in some children this reflex was registered already on the 2–5th day after birth, but on the 11th day it was noted already in more than half of the children studied.
Thus, natural food reflexes of sucking and general motor reactions begin to form first. During the first month, conditioned reactions are unstable, can be developed so far only to a complex of stimuli, and require constant reinforcement. Later, exteroreflexes are formed, about the timing of the appearance of which there are also ambiguous opinions. Thus, data are presented that conditioned reflexes are formed first with the participation of the olfactory, tactile and motor analyzers. From the results of the experiments of VS Dashkovskaya et al., It follows that already on the 7-10th day of a child's life, the development of conditioned reactions to sound stimuli is possible. A number of authors cite the following sequence of formation of exteroreflexes: first to skin, later to sound, and then to visual signals. At the same time, as already mentioned above, some researchers believe that these reflexes can occur already during the first month of a child's life, other authors point to 2–3 months of age. Such ambiguous data on the timing of the formation of the first conditioned reflexes to various signals are associated with very large individual differences due to different levels of maturation of brain structures and the degree of somatic development of the child by the time of birth. In this regard, data on the timing of the onset of artificial conditioned reflexes range from the first days to the second half of the first year of life. On average, it can be considered that up to one month of age, artificial reflexes are extremely unstable, the younger the child is, the more combinations are required; these conditioned reactions are fixed at 2–3 months of life. The sequence of the appearance of reflexes developed in response to various individual stimuli depends on the timing of the maturation of sensory systems.
One of the characteristic features of conditioned reflex activity in infancy is that complex stimuli are effective at this time. Often one of the components of such a complex is the word. By the age of 10-11 months, the child already develops many adequate responses to verbal signals. But to a greater extent, the reactions go to the complex: words, intonations, situations, body positions, etc. The child's responses are single reflex acts.
It is clear that the formation of conditioned reflexes takes time. There are 3 stages of development of conditioned reflex activity:
1) stage of nonspecific reactions -characterized by the emergence of an orientation reaction in response to a stimulus
2) unstable conditioned reflex stage -the conditioned stimulus does not always evoke a response;
3) stage of a stable conditioned reflex -most of the actions of an indifferent stimulus cause a conditioned reaction.
The first two stages precede the formation of a conditioned reflex. The formation of conditioned reflexes in the first month of life is rather slow. So, if in newborns the formation of a conditioned blink reaction to a sound stimulus requires about 400 combinations with an unconditioned stimulus (in this case, it is a stream of air directed into the eye), then in preschool age the conditioned reflex appears after 2–5 combinations. After 10–20 combinations, a strong conditioned reflex is formed. The rate of formation of conditioned reactions in children over 10 years old and in adults is practically the same.
During the development of conditioned reflexes, intersignal reactions may appear. This age-related feature is associated with the limitation of the irradiation of excitation processes as a result of an increase in the inhibitory process.
In the first 5–6 years of life, when reflexes are developed to a complex stimulus, reactions arise both to a complex of stimuli and to its individual components (although only the complex is reinforced). And only by the age of 11–12, reactions are noted only to a complex of stimuli in 66% of cases.
In early childhood, conditioned reflex activity changes significantly. Children at this age isolate individual components from a complex of stimuli: objects, signals, etc. At the age of 2-3 years, the integrative activity of the brain intensifies, conditioned reflexes appear on the ratio of magnitudes, masses, distances, colors. It becomes possible to form reflexes not only to different types of stimuli, but also to different intensities of the same stimulus. At this age and further in the first childhood, the role of imitative and play reflexes is very great. Children copy adults, their gestures, words, intonations, manners. The systems of conditioned connections developed during early childhood are especially strong: they can be inhibited for a long time, but then they are easily restored.
At the age of 4–6 years, all the main manifestations of GNI are actively formed, the mobility and balance of nervous processes significantly increase. By the age of 6-7, the development of cortical inhibition creates conditions for the rapid and differentiated formation of conditioned connections. The period of the second childhood is the quietest in the development of GNI. In adolescence, there is a number of changes in conditioned reflex activity associated with puberty. At this time, a predominance of excitement is noted, which often manifests itself in inadequate responses to an external stimulus. Compared to the previous age, it is difficult to develop temporary connections, and consolidation requires more time and effort. The rate of formation of reflexes of the 1st and 2nd signal systems also decreases. By the end of the adolescent period, harmonious relationships are established between the cortex and the subcortex, the processes of excitation and inhibition. After 15–17 years, GNI is considered mature.
