59. MEASURES OF OPERATIONAL IMPACT. ACTION OPTIONS FOR THE SUPPLIER IN BREACH OF OBLIGATIONS BY THE PAYER

In the contract, it is extremely important to establish the possibility of unilateral change or termination of the contractual obligation. This is served by measures of operational influence, i.e., legal actions applied in the contract to the offender. Such measures may be provided for by law or by agreement of the parties. How operational actions they are applied in case of violation of a counter civil law obligation by the injured party in relation to the faulty debtor.

Operational measures are characterized by the following factors:

a) these measures are not directly provided for in the legislation as ways to ensure the fulfillment of obligations;

b) the parties apply these measures if they are interested in the actual performance of the main obligation under the contract;

at) measures are effective if the mechanism of action is established in the contract;

d) the application of measures occurs simultaneously with a violation;

d) simplified method of application;

f) efficiency of application;

g) the possibility of complex application both with methods of ensuring the fulfillment of obligations, and with measures of responsibility.

The specificity of these measures also determines the goals of their application, which are generally related to the fact that the parties maintain the existing business ties between them.

Let us consider measures of operational impact from two points of view: from the side of the creditor-payer and from the side of the creditor-supplier.

Variants of actions of the supplier in case of violation of obligations by the payer.

1. Transfer of the payer to other forms of payments in case of violation by the latter of the payment schedule or in case of underpayment, another form is established (for example, from payment orders to collection or letter of credit) or prepayment.

This measure is a form of combating violations of settlement discipline. The essence of this action is a unilateral change in the form of settlements (by prior agreement with the bank) to a more stringent and unfavorable for the debtor.

2. Transfer of the shipped (but not paid) goods for safekeeping of the faulty payer (with ensuring the safety of the quantity and quality of the goods) and the retention of the supplier's ownership of it until the receipt of funds to the supplier's account.

This measure does not allow the payer, who actually accepted the unpaid goods, to obtain the right of ownership to it and dispose of it.

3. Return of goods to the supplier (to the place indicated by the supplier) at the expense of the payer.

4. Transfer of claims to third parties.

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