34. AMENDMENT AND TERMINATION OF THE CONTRACT. CHANGE OF PERSONS IN OBLIGATION

In Art. 450, 451 of the Civil Code, the following grounds for changing and terminating the contract are indicated:

1) by agreement of the parties, unless otherwise provided by law or contract;

2) at the request of one of the parties in cases where this is provided for by the contract;

3) the third option is used when the first two methods are not used: at the request of one of the parties by a court decision in the presence of one of two legal facts:

▪ in case of a significant violation of the contract by the other party. A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is largely deprived of what it had the right to count on when concluding the contract;

▪ in case of a significant change in the circumstances from which the parties proceeded when concluding the agreement (unless otherwise provided for by the agreement or follows from its essence); A change in circumstances is considered significant when they have changed so much that if the parties could have reasonably foreseen it, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.

During the execution of civil obligations, the legislation allows replacement of creditor and (or) debtor.

The replacement of the lender is possible in two cases. One of them, when the creditor, on the basis of his will, has the right to transfer (assign) his right of claim, which belongs on the basis of an obligation, to another person, is called assignment of claim.

In the second case, the transfer of the right of claim belonging to the creditor is possible on the basis of the law (for example, on the basis of Article 387 of the Civil Code, the rights of the creditor's claims can be transferred to another person as a result of the fulfillment of the debtor's obligation by his guarantor or pledgor who is not a debtor under this obligation).

Replacement of the debtor (debt transfer) unlike the replacement of a creditor, it is carried out according to a different principle, namely, with the consent of the creditor.

As well as the transfer of the creditor's right to claim, the transfer of debt is of an accessory nature, that is, it can only be derived from other obligations. Therefore, the requirements applicable to the form of the underlying transaction on which the assignment of a claim or transfer of debt is based apply to the assignment itself (transfer of debt).

Paragraphs 1 and 2 of Art. 509 of the Civil Code provide for the right of the buyer to assign his obligations for accepting the goods and paying for them to a third party - the recipient (see also Article 313 of the Civil Code). Such an assignment may be provided directly in the contract or carried out by sending shipping orders to the supplier, if this is provided for in the supply contract. However, the buyer is responsible to the supplier for acceptance and payment for the goods by the recipients (Article 403 of the Civil Code).

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