In civil law, all relations between the parties in society are built on the basis of contractual relations. As a result, both parties acquire both certain rights and the corresponding obligations under the contract. And in chapter No. 26 of the Civil Code of the Russian Federation , the grounds for terminating those are clearly provided.
What is a commitment? It is a contractual relationship, according to which one side must perform in favor of the opposite some action. An example of the fulfillment of obligations is the following: transfer of goods, property, performance of work and services, payment of funds or otherwise. Moreover, when the conditions of any contract are fulfilled, obligations arise for both parties. The negative impact of various life circumstances is also provided, which involves the termination of obligations in civil law under certain conditions. The circumstances when fulfilling the terms of the contract under the influence of external factors can change significantly, creating various grounds for the termination of obligations under the contract.
Termination of obligations may be by mutual agreement of the parties. This is the full implementation of the terms of the contract (article 408), offsetting obligations (article 410), compensation (article 409), novation (article 414), debt forgiveness (article 415). Termination of obligations is possible regardless of the will of the parties. This is the impossibility of fulfilling the obligation (Article 416), the state act (Article 417), the merger of both the debtor and the defendant in one person (Article 413), the death of one of the parties (Article 418) and the liquidation of the subject (Article 419).
Full implementation of the terms of the contract provides for the implementation of all points in an appropriate manner, in a timely manner and in full.
Set-off provides for the termination of obligations in whole or in part due to the presentation of a counterclaim. It is possible if the deadline has already arrived or the contract provides for a certain moment of its demand. Notification of one of the parties is enough for the offset of the claim in the Civil Code of the Russian Federation. It is not allowed to set off an obligation in case of the expiration of the statute of limitations for a claim, in case of compensation for harm to human health, in the recovery of alimony and money for life-time maintenance.
A derogation is a contractual agreement between the parties, in which a certain obligation can be terminated in return for the provision of another property right. In this case, it may be terminated by payment of cash or transfer of property assets, etc. All criteria for compensation, and this is the size, specific deadlines, quality and quantity, the general transfer procedure is established and negotiated by the parties in writing.
Novation is the replacement of an initial obligation by another, which is based on another subject or another way of return and repayment. It cannot be carried out in case of presenting obligations on alimony or in compensation for harm to the life of the victim.
Forgiveness of debt also refers to ways to terminate any obligations. At the same time, the creditor, by his will, releases the debtor from obligations in relation to the assets received. Forgiveness of debt as the termination of obligations is possible if this action does not violate the rights of third parties.
Termination of obligations beyond the will of the parties
Termination of obligations also occurs outside the will of the parties to the contract or otherwise in the event of force majeure, when it becomes impossible to actual performance. These can be extraordinary circumstances, such as floods or other natural disasters, as well as military operations. Separate acts of state bodies can lead to the termination of obligations in the contract. At the same time, both parties may demand compensation for losses incurred in connection with such a decision. Termination of obligations is also possible with the merger of the debtor and creditor in a single entity. The death of a civilian, to whom alimony is reimbursed, or monetary compensation is paid, can also serve as a basis for this. Upon liquidation of a legal entity , termination of obligations follows.