Civil law. Parts I, III and IV. The concept, methods and meaning of termination of obligations (the most important)

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Civil law. Parts I, III and IV. The concept, methods and meaning of termination of obligations (the most important)

Lecture notes, cheat sheets

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56. CONCEPT, METHODS AND SIGNIFICANCE OF TERMINATION OF LIABILITIES

Termination of obligations - repayment of the rights and obligations that make up the content of the obligations of its participants.

Method (grounds) for terminating an obligation - legal facts, with the occurrence of which the law or the contract connects the termination of the obligation. Some of these legal facts are transactions.

Ways to terminate obligations: execution of obligations; set-off of a counterclaim; by agreement of the parties; on the initiative of one party; in connection with the impossibility of execution; with the coincidence in one person of the debtor and the creditor; with the death of a citizen or the liquidation of a legal entity; with the publication of an act of a state or municipal authority.

Fulfillment of an obligation - commission by its parties of certain actions constituting the content of their rights and obligations, or refraining from such actions; the most desirable way to terminate obligations.

Principles for fulfilling obligations:

1) obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, business customs in strict accordance with the subject of the obligation and the manner, place and timing determined by law or the obligation itself;

2) payment of penalties in case of improper performance of an obligation does not relieve the debtor from the performance of the obligation in kind;

3) each of the parties to the obligation assists in its execution;

4) the efficiency of the obligated person taking actions to fulfill the obligation.

Subject of fulfillment of the obligation - actions stipulated by the obligation (transfer of a thing (money), performance of work, services).

Way of fulfilling the obligation - the procedure for the debtor to perform actions to fulfill the obligation: presenting the subject of the obligation in full or in parts directly to the creditor or through another person, by sending the subject by mail or by handing it in person.

Place of performance is determined either in the contract or follows from the law: execution for the transfer of real estate is carried out at its location, for the carriage of goods - at the place of its delivery to the creditor, for a monetary obligation - at the place of residence of the plaintiff.

Deadline for performance of the obligation is determined either by a calendar date, or by the expiration of a period of time, or by the occurrence of a certain event; "within a reasonable time" - if the obligation is concluded with an indefinite period of its execution.

The subjects of the fulfillment of the obligation are the debtor or a third party authorized by him.

Set-off of a counterclaim - repayment in full or in part of mutual claims, provided that the claims are homogeneous, and the due date has either already come by the time of offset, or has been determined on demand.

Not subject to offset: obligations for which the limitation period has expired; claims for compensation for harm caused to the life and health of citizens, for the recovery of alimony, for the obligation of life maintenance, etc. The set-off of a counterclaim is a one-sided transaction: for it, a statement from one party is sufficient.

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