Коммерческое право. Прекращение обязательств по договору (самое важное)

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Коммерческое право. Прекращение обязательств по договору (самое важное)

Lecture notes, cheat sheets

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61. TERMINATION OF OBLIGATIONS UNDER THE CONTRACT

Grounds for termination of contractual obligations are such legal facts in connection with which the rights and obligations of the parties to the obligation are terminated.

For participants in commercial activities, it is important to clearly define in the contract the moment when their obligations are considered terminated. There are cases when, in fact, the obligation was improperly fulfilled, the creditor did not file any claims, and the debtor erroneously interprets this as the termination of obligations, although the agreement between the specified participants continues to operate.

The only principle of fulfillment of obligations is proper execution. If the parties admit the possibility that they will not be able to terminate the obligations by proper performance, but wish to prevent the application of liability measures in the interests of long-term cooperation, then in the contract they can establish:

▪ application compensationwhen the debtor, in return for performance, provides funds, property, provides services, etc.;

▪ innovation, i.e. replacing the original obligation with another, providing for a different subject or method of execution; for example, to achieve the same result, in the case of innovation, the contractor may propose a different work technology;

▪ coincidence of debtor and creditor in one person, for example, if a certain condition under the contract is not fulfilled, the participants of the debtor company undertake to make a decision to merge or join the creditor company in order to pay off mutual obligations by this action by the coincidence of the debtor and the creditor in one person;

▪ occurrence of force majeure circumstances, so-called force majeure circumstances, in connection with which neither party is responsible for the impossibility of performance, since the basis arose due to objective circumstances. Signs of force majeure circumstances are unforeseen and unpreventable. If the contract does not establish force majeure circumstances, then by law, when they occur, the party must be released from fulfilling its obligations, but in the contract these circumstances are established in order to supplement the provisions of the law with new circumstances that fall under the criteria of “force majeure”.

Regardless of the contractual provisions, at the request of one party, the obligation is terminated offset a counter homogeneous claim, the term of which has come or the term of which is not indicated or is determined by the moment of demand; as well as termination of a party to an obligation:

a) the death of the debtor, if the performance cannot be made without the personal participation of the debtor or the obligation is otherwise inextricably linked with the personality of the debtor;

b) the death of the obligee, if the performance is intended personally for the obligee or the obligation is otherwise inextricably linked with the person of the obligee;

at) liquidation of a legal entity (debtor or creditor).

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