Contract law. Ways to enforce contractual obligations (most important)

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Contract law. Ways to enforce contractual obligations (most important)

Lecture notes, cheat sheets

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17. METHODS OF ENFORCING CONTRACTUAL OBLIGATIONS

Securing obligations - ways of influencing the debtor in order to properly fulfill the obligation and reduce the negative consequences of its non-fulfillment. The Civil Code of the Russian Federation names six ways to ensure the fulfillment of obligations: forfeit, pledge, retention of property, surety, bank guarantee, deposit (clause 1 of article 329). This list is not exhaustive: other interim measures may be provided for both by law and agreed by the parties in the contract.

The penalty is the most common way to secure obligations, it is convenient to use and is provided for in all contracts of entrepreneurs.

Penalty - a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-fulfillment or improper fulfillment of the obligation (Article 330 of the Civil Code of the Russian Federation).

Bail - securing an obligation, the non-fulfillment of which entails the right of the pledgee to sell the pledged property and compensate for losses from its value. A pledge is suitable for securing the fulfillment of obligations of many types, including non-contractual ones, and various property (movable and immovable), as well as property rights of claim (Article 336 of the Civil Code of the Russian Federation) can be the subject of pledge.

Retention consists in the right of the creditor, who has the thing of another person, to keep this thing in his possession until this person (debtor) repays the payments connected with this thing. If such payments are not made, the creditor's claims are satisfied from the value of the thing in accordance with the procedure established for pledge.

Surety is an agreement by virtue of which one person (guarantor) undertakes to another person (creditor) to be responsible for the fulfillment by a third party - the debtor - of his obligations in whole or in part (Article 361 of the Civil Code of the Russian Federation). The subject of the surety agreement is unusual - the obligation to bear civil liability for another person, and this predetermines the features of this agreement.

By virtue of bank guarantee a bank, other credit institution or insurance company (guarantor) at the request of another person (principal) gives a written obligation to pay the principal's creditor (beneficiary) in accordance with the terms of the guarantee a sum of money upon presentation by the beneficiary of a written demand for its payment (Article 368 of the Civil Code of the Russian Federation).

Author: Rezepova V.E.

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