Civil law uses the concept of "debtor" in relation to a person who is obliged to commit any actions in favor of another person, or to refrain from committing actions. The concept of "debt" in this case is identical in the meaning of the concept of "duty" in the obligation. Methods for terminating obligations are regulated in Chapter 26 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation). Let us consider, using simple examples, on what grounds it is possible to close a debt or terminate an obligation.
Instructions
Step 1
The easiest way is to fulfill the obligation. Ivanov took 3 thousand rubles from Petrov until Monday, returned them on time, therefore, the obligation was fulfilled and ended.
Step 2
Ivanov and Petrov agreed that instead of refunding the money, Ivanov would give Petrov his guitar. This method is called compensation.
Step 3
Before returning the money, Ivanov remembered that Petrov had a debt too: last month, Petrov borrowed 500 rubles from Ivanov, but he never gave it back. Ivanov told Petrov that on Monday he would return not 3 thousand rubles, but 2.5 thousand rubles (3000-500 = 2500). The homogeneous requirement was set off. In such a case, the obligation is terminated in whole or, as in the example described, in part. In some cases, the law prohibits the application of offset, for example, offsetting claims for the recovery of alimony, life support and some other requirements established by law are not allowed.
Step 4
Ivanov was fired from his job, upon learning of this, Petrov took pity and forgave him the debt. Debt forgiveness as a way to terminate obligations is allowed if it does not violate the rights of third parties.
Step 5
Ivanov and Petrov agreed that instead of refunding the money, Ivanov, a famous artist, would draw a portrait of Petrov from life. This method is called innovation and implies the replacement of the original obligation with another obligation between the same persons, but with a different subject or method of performance.
Step 6
There are also cases when obligations are terminated regardless of the will of the parties: the impossibility of performance or the death of a citizen (creditor or debtor). The termination of the obligation by the impossibility of fulfillment can be explained by the following example: Petrov asked Ivanov to paint his portrait, Ivanov agreed to do this, the parties entered into an agreement. The work was not over yet, but Ivanov got into an accident and as a result went blind. Ivanov will not be able to finish the painting. The obligation is terminated by the impossibility of performance. For obligations closely related to the personality of the debtor or creditor, civil law provides for their termination with the death of the citizen (debtor or creditor). In the case of the artist painting a portrait of the customer from life, such an obligation also took place. Instead of Ivanov, no one can paint a portrait the way Petrov wanted. On the other hand, the portrait is done with Petrov and for him personally. Therefore, in the event of the death of one of the parties, such an obligation will cease.
Step 7
The obligation can be terminated by the coincidence of the debtor and the creditor in one person. This method is best illustrated with legal entities. Firm A owes 1 million rubles to firm B. However, there was a reorganization of these legal entities in the form of a merger of firm A with firm B. Now there is only firm B, which, on the one hand, has the right to claim against firm A, and on the other hand, and the debts of firm A. The debtor and the creditor coincided in the person of firm B - the obligation is terminated.
Step 8
Finally, the obligation is terminated by liquidation of the legal entity (debtor or creditor). Except in cases when by law or legal acts, the fulfillment of the obligation of a legal entity that has ceased to exist is assigned to another person (for example, on claims for compensation for harm to life and health).
Step 9
The Civil Code of the Russian Federation establishes that the list of the above methods for terminating obligations is not exhaustive, other grounds for terminating an obligation may be established by law and by agreement of the parties.
Step 10
In this topic, one cannot fail to mention one more opportunity to "get rid" of debt: this is the transfer of debt, provided for in Articles 391, 392 of the Civil Code of the Russian Federation. Transfer of your debt to another person is allowed with the consent of the creditor according to the rules of Article 389 of the Civil Code of the Russian Federation (paragraphs 1 and 2).
