Contract law. Changing the terms of the contract. Replacing parties to a contract (the most important)

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Contract law. Changing the terms of the contract. Replacing parties to a contract (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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15. CHANGING THE TERMS OF THE AGREEMENT. REPLACEMENT OF THE PARTIES IN THE CONTRACT

Amendment of the contract

▪ introducing new conditions into the contract for various reasons, as well as excluding old ones in compliance with the requirements established by law.

The legislation of the Russian Federation provides for a limited list of grounds for changing concluded agreements. The legislator proceeds from the stability of contractual relations in order to ensure a civilized and entrepreneurial turnover.

Grounds for changing the contract:

1) the agreement of the parties, unless otherwise provided by law or the contract, must be made in the same form as the contract itself;

2) amendment of the contract at the request of one of the parties in case of material breach of the contract by the other party.

Since the majority of obligatory relations are property relations that are not of a personal nature, it is permissible to replace the creditor or debtor with another person (change of persons in the obligation), which is regulated by Chapter. 24 Civil Code of the Russian Federation. A change of persons in an obligation entails the transfer of the rights and obligations of the entity retiring from the obligation to the person who replaced it.

Replacing a lender possible on the basis of a transaction or law. The exception is cases where the rights are inextricably linked with the personality of the creditor (in particular, claims for alimony, for compensation for harm caused to life or health). In addition, the assignment of a claim may be expressly prohibited by law or by agreement.

The rights of the creditor under the contract are transferred to another person as a result of universal succession in the rights of the creditor; by a court decision on the transfer of the creditor's rights to another person, when the possibility of such a transfer is provided for by law; due to the performance of the debtor's obligation by his guarantor or the pledgor who is not a debtor under this obligation; in case of subrogation to the insurer of the rights of the creditor to the debtor responsible for the occurrence of the insured event; in other cases provided by law.

The right of the original creditor passes to the new creditor to the extent and on the terms that existed at the time of the transfer of rights. Not only the basic requirement is transferred, but also other related rights. The scope of transferable rights may be changed by law or contract. The transaction, which serves as the basis for the transfer of the rights of the creditor, is called the assignment of a claim (cession). The debtor must be notified of the assignment.

Replacement of the debtor in the contract is also possible by virtue of law or transaction. The transfer of debt is allowed only with the consent of the creditor. The new debtor has the right to raise objections against the creditor's claim based on the relationship between the creditor and the original debtor.

Author: Rezepova V.E.

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