Types Of Ways To Ensure The Fulfillment Of Obligations

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Types Of Ways To Ensure The Fulfillment Of Obligations
Types Of Ways To Ensure The Fulfillment Of Obligations

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Video: Kinds of Obligations Part 2 (2020) 2022, December
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Obligations are certain actions that individuals must perform in relation to each other. Most often, obligations arise when contracts are concluded, both between individuals and between legal entities. The most common obligations are usually associated with the purchase or sale of real estate.

Types of ways to ensure the fulfillment of obligations
Types of ways to ensure the fulfillment of obligations

What is commitment

Obligation is a civil relationship. It can arise both between citizens and between legal entities. Commitments are part of a relationship in the following areas:

  1. Production
  2. Entrepreneurship
  3. Distribution
  4. Exchange

How obligations arise

Such obligations can arise not only from contracts, but also from other grounds that are provided for by law. In what cases does an individual enter into an obligation relationship?

  1. When making retail purchases
  2. When transporting both passengers and baggage
  3. For consumer services
  4. When using living quarters

The list is not exhaustive, it is presented as an example.

Also, obligations can arise from actions that are not related to the conclusion of contracts. All of them are described in Art. 307 h. 1 of the Civil Code of the Russian Federation.

Parties to the relationship

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In an obligation relationship, there are two types of parties: the creditor and the debtor. Both individuals and legal entities can act as both parties. Situations are possible when there will be both one creditor and one debtor in the relationship. However, it often happens when several persons act as creditors and debtors in an obligation relationship. Thus, one debtor may have several creditors. The opposite situation is also possible.

With multiple persons, complex contracts can arise. They will present different requirements for all participants in a commitment relationship.

In addition, such a relationship does not create obligations for third parties who are not considered parties to the obligations. However, in some cases determined by law, an agreement may be concluded, which, under certain circumstances, will create obligations for third parties. An example is brokerage services.

Equity and solidarity obligations

They can appear only with a plurality of persons in a committed relationship.

Equity liabilities

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This is the name of the obligations in which several debtors fulfill the obligations that arose at the conclusion of the contract, or under other circumstances. In equity liabilities there can be either one creditor or several.

Joint and several obligations

In such obligations, the creditor has every right to demand the fulfillment of the conditions in full by any debtor, in contrast to share obligations, where the obligation is fulfilled by all debtors.

Recourse obligation

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The main feature of this type of obligation is that the performance is shifted from one person to another. This happens if the person who initially fulfilled the obligations makes a return claim against another person.

Also, in the course of recourse obligations, a change of the creditor may occur. This happens if an agreement is concluded between the new and the original creditors, which does not require the consent of the debtors.

Rights that may be related to the identity, life and health of the original creditor cannot be transferred to another creditor. Thus, according to Art. 383 h. 1 of the Civil Code of the Russian Federation, claims for compensation for harm to health, claims for the restoration of copyright, claims for alimony and many others cannot be transferred.

In other cases, the obligations to the new creditor are transferred under the same conditions that existed under the previous creditor. It is impossible to change them.

The replacement of the debtor leads to the conclusion of a new agreement, which will indicate that the debt has been transferred to another person. The conclusion of such an agreement can take place only with the consent of the creditor. In the event that the creditor is not satisfied with this alignment, the conclusion of the agreement cannot take place.

If a new agreement is nevertheless concluded, then all the obligations of the previous debtor that he could not fulfill are transferred to the new debtor.

Forms and methods of ensuring the fulfillment of obligations

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Penalty

This type of security for the fulfillment of obligations is the amount of money that the debtor undertakes to pay to the creditor, provided that the obligations are not fulfilled in full, not fulfilled at all, or performed improperly. As a rule, penalties are established at the legislative level, or at the time of the conclusion of the contract.

A claim for payment of a penalty is impossible if the debtor is not responsible for what happened.

In addition, if the penalty is paid, then the debtor is not released from the performance of obligations.

Pledge

The pledge is the temporary transfer of certain values ​​to the creditor until the debtor fulfills the obligation. Most often, pledges are used in pawnshops and banks.

The pledged property does not become the property of the mortgagor even if the debtor has not fulfilled its obligations to the creditor.

Absolutely any property can become the subject of a pledge: both movable and immovable. Property rights can also be used as collateral. This type of collateral is most often chosen by banks.

Surety

A surety agreement is an agreement according to which the surety assumes the obligations of the debtor if they are not fulfilled. The surety is possible both in full and in part.

As a rule, a surety agreement is concluded between a creditor and a third party who later becomes a surety.

The surety agreement is terminated in two cases:

  1. If the period established by the contract expires.
  2. In the event that the term was not provided for by the contract, but during the year the creditor did not present claims and claims against the debtor and the surety.

Bank guarantee

This method is relatively new, and therefore unfamiliar to citizens. Bank guarantee - an agreement according to which in case of default, the bank or insurance company undertakes to pay the debts to the creditor in part or in full.

Retention

The creditor receives a certain value, which he retains until the debtor fulfills all obligations. If the obligations are not fulfilled, the debtor loses the property, since he has no right to take it.

This form of security is reminiscent of a more advanced form of collateral. If, in the case of a pledge, the creditor does not have property rights to the pledged property, then retention solves this problem.

What is the responsibility for violation of obligations

If the debtor does not fulfill the obligation, then a penalty and losses are collected.

The debtor is considered innocent if he took all measures to fulfill the obligations, but they were still not fulfilled.

Liability is possible not only for failure to fulfill their obligations, but also for the fault of third parties, if this is consistent with the agreement.

Termination of obligations

Obligations between the debtor and the creditor are automatically terminated if the conditions set have been met.

Also, the termination of obligations occurs if the parties themselves come to an agreement on the termination of obligations.

In addition, the termination of obligations occurs if the debtor is physically unable to fulfill the terms of the agreement. As a rule, this happens in the event of the death of the debtor, or in the event that the debtor is declared legally incompetent.

If a legal entity is liquidated, then all obligations are terminated without the possibility of assigning them to another legal entity.

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