Civil law. Parts I, III and IV. Features of individual methods of terminating obligations (the most important)

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Civil law. Parts I, III and IV. Features of individual methods of terminating obligations (the most important)

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57. FEATURES OF INDIVIDUAL WAYS OF TERMINATION OF OBLIGATIONS

Termination of obligations by agreement of the parties carried out with the help of compensation, innovation, debt forgiveness.

Termination of obligations on the initiative of one party possible when such waiver is permitted by law or contract. It can occur by a court decision in case of a material violation of the terms of the contract by the other party (causing damage, as a result of which the other party is deprived of what it expected at the conclusion of the contract) and without court intervention. As a general rule, unilateral refusal to fulfill obligations is not allowed.

Termination of obligations by the impossibility of performance - the impossibility of performance caused by circumstances for which neither party is responsible. It can be:

▪ economic and technical factors that determine the impossibility of manufacturing and delivering the subject of the obligation;

▪ legal factors that determine the debtor’s inability to act legally, expediently, morally;

▪ force majeure events (extraordinary and unavoidable).

A variation of this method of termination of obligations is termination of obligations by issuing an act by a state or municipal authority. If an act does not comply with the law, the court may declare it invalid or protect it in another way.

The burden of proving the impossibility of fulfilling the obligation lies with the debtor.

In order to release the entrepreneur from liability due to the impossibility of fulfilling obligations, the latter must prove that this happened due to force majeure. The remaining factors are not recognized as grounds for releasing the entrepreneur from liability for failure to fulfill the obligation.

Termination of obligations by coincidence in the same person of the debtor and creditor perhaps because in such cases there is a succession, as a result of which the obligations of these persons are annulled.

Termination of an obligation by the death of a citizen possible in exceptional cases, when obligations are associated with the personality of either the debtor or the creditor. As a rule, obligations are not terminated by the death of a citizen, but are inherited by the legal successors of the deceased person.

Termination of obligations by liquidation of a legal entity occurs, as a rule, because the liquidation of a legal entity does not result in succession. An exception is obligations under claims for compensation for harm caused to the life and health of citizens who have received injuries or occupational diseases while working in a liquidated legal entity. According to such obligations, the liquidated legal entity is obliged to transfer money to social insurance bodies for their payments to affected citizens.

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