Civil law. A common part. Change and termination of obligations: concept, grounds, methods (the most important)

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Civil law. A common part. Change and termination of obligations: concept, grounds, methods (the most important)

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42. AMENDMENT AND TERMINATION OF LIABILITIES: CONCEPT, GROUNDS, METHODS

During the validity of the obligation legal relationship, certain circumstances may arise that do not terminate the obligation, but change it.

May change the method, term, place of performance of an obligation, or one security obligation may be changed to another.

Obligations may be changed on the grounds provided for by the Civil Code, other laws, other legal acts, as well as the contract. At any time, the parties to the obligation may agree to amend and supplement the obligation. The obligation is considered changed from the moment the parties enter into an agreement to change it.

Termination of obligation - loss by the subjects of the obligation of subjective rights and obligations that make up the content of the legal relationship due to the termination of the obligation. A terminated obligation ceases to exist, and its participants are not bound by the rights and obligations that bound them while the obligation existed.

Grounds for termination obligations can be divided into two main groups:

1) the obligation is terminated at the will of the parties to the obligation;

2) the obligation is terminated against the will of its participants.

The termination of the obligation must be properly executed, i.e. in the same way as previously established. In some cases, the law establishes a method for formalizing the termination of an obligation.

Ways to terminate the obligation:

1) proper execution. If the debtor fulfills the obligation properly, the creditor, accepting the performance, must issue him a receipt. If the debtor issued a debt document to the creditor, he must return this document to the debtor and replace the receipt with the corresponding inscription on this document;

2) compensation. If the debtor is unable to complete the work he owes, he asks the creditor to postpone the deadline for completing this work when paying compensation;

3) offset of mutual claims. Possible for homogeneous requirements for which the deadline has already arrived or is determined by the moment of demand.

Set-off of mutual claims is not allowed:

a) if any of the claims has expired, if the other party asks to apply the limitation period;

b) claims for compensation for harm caused to life or health;

c) on claims for the recovery of alimony;

d) in relation to requirements for life support;

4) novation - replacement of an obligation that existed between the parties with another obligation between the same parties, which provides for a different subject or method of performance. Novation is not allowed in the event of a claim for compensation for harm to health and when paying alimony;

5) impossibility of fulfilling an obligation (only if it is caused by a circumstance for which neither party is responsible);

6) debt forgiveness. Consists in releasing the debtor from the obligation to perform any actions or to refrain from performing the latter;

7) coincidence of the creditor and the debtor in one person;

8) termination of a party to an obligation (liquidation of an enterprise, death of a citizen, if the obligation is related to his personality);

9) based on an act of a state body.

Author: Stepanova O.N.

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