53. CLASSIFICATION OF LIABILITIES

Obligations are classified into types, groups, types and subtypes.

Depending on the grounds for obligations, the latter are divided into two types: contractual (which are based on a contract, for example, on delivery, contract) and non-contractual (they are based on tort, unjust enrichment or other legal facts).

Each of the above types of obligations is divided into groups.

Contractual obligations Depending on the nature of the movement of material goods mediated by them, they are divided into obligations: for the transfer of property into ownership; on granting property for use; for the performance of work; for transportation; for the provision of services; on settlements and crediting; for insurance, etc.

Non-contractual obligations are divided into: obligations from unilateral transactions; protective obligations.

Obligations included in the same group have common principles of legal regulation.

Obligations with a plurality of persons are subdivided into equity obligations (in such obligations each of several debtors is liable only for their own debts) and joint and several obligations (in such obligations each of the debtors can be liable both for their own debts and for the debts of other debtors under this obligation).

Equity obligation is any obligation with a plurality of persons, unless otherwise provided by law or the terms of the obligation. At passive plurality each of several debtors is obliged to fulfill the obligation in accordance with his share, and if active multiplicity - each of the creditors has the right to demand from the debtor in his favor a share determined by law or agreement. At the same time, the shares of the debt and the share of the claim are considered equal, unless otherwise provided by law or contract.

Solidary obligations are divided into three types: joint and several obligation (one creditor and several debtors); solidary claim (one debtor and several creditors); mixed solidarity (several debtors and several creditors).

In case of a joint and several obligation, the creditor has the right to demand the performance of the obligation both from all debtors jointly, and from any of them separately, both in full and in part of the debt. A debtor who has performed a joint and several obligation for others has the right to claim recourse against other debtors.

RџSЂRё mixed solidarity obligation the rules of both joint and several obligation and joint and several claim apply.

In obligations with a plurality of persons, main and subsidiary obligations are distinguished. This division is based on the degree of liability of the debtor.

Subsidiary debtors are, as a rule, third parties in an obligation. Example: a minor who has harmed his comrade is the main debtor to compensate him for harm, and his parent is an additional, i.e., subsidiary debtor.

In addition, there are recourse (reverse) obligations. They arise when the debtor of the main obligation fulfills it either instead or through the fault of a third party. A person who has fulfilled such an obligation has the right to compensation for what was performed.

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