The obligation is a civil relationship with which certain individuals are bound. They must perform established actions in favor of each other or refrain from them. Obligations arise both between organizations and between citizens. The basis may be contracts of sale, transportation, delivery, capital construction and so on. Individuals become participants in a commitment to domestic services, the use of residential premises, transportation, and so on.
Article 408 of the Civil Code of the Russian Federation: termination of a performance obligation
There are certain criteria required by law for actions / omissions to be committed by debtors. In addition, special rules have been established for lenders. They are summarized in art. 408 of the Civil Code of the Russian Federation. Termination of performance obligations is considered the most common way to achieve the goal for which the subjects entered into an appropriate relationship.
Conditions
The aforementioned norm establishes that the obligation is terminated by proper performance. In this case, the creditor must issue a receipt to the debtor. In it, he indicates that he accepted the performance in full or in a certain part of it. If the debtor has submitted a debt document, then the creditor should return it. If it is impossible to do this, this fact is also indicated in the receipt. This paper may be replaced by the inscription on the debt document returned by the creditor. Its presence with the debtor certifies the termination of the obligation until proven otherwise. If the creditor refuses to return the debt document, issue a receipt or make an appropriate entry in it, the second party to the relationship has the right to delay execution. In this case, the first will be considered past due.
Art. 408 of the Civil Code of the Russian Federation: comments
By virtue of existing relations, one party may be required to transfer property for use or property of the creditor, perform certain works, pay money, provide services, and so on. Abstinence from taking action may be provided for by agreement. To indicate specific operations that should not be carried out, it is allowed to use the appropriate entries. For example, it can be phrases: "Do not smoke", "Do not turn over," "Do not quit." Art. 408 of the Civil Code of the Russian Federation (the current edition) defines the condition under which legal relations between entities regarding a certain subject can be completed. In particular, the requirements prescribed by the contract must be implemented appropriately at a specific time. If there are no corresponding instructions in the agreement, then execution is carried out in accordance with the customs of circulation and generally recognized requirements for such obligations.
General principles
Based on Art. 408 of the Civil Code of the Russian Federation, the requirements for the debtor are formulated as follows:
- Unilateral refusal to implement the terms of the contract is not allowed. The exception is cases expressly provided by law. For example, a unilateral refusal is permitted when delivering goods with a deviation in quality from standards, specifications and other documentation. This rule is provided for in part 2 of article 523 of the Civil Code.
- Enforcement must be carried out by the proper entity. This requirement is defined in Art. 312, part 1 of the code. To implement the provisions of Article 498 of the Civil Code of the Russian Federation, it is necessary to verify whether a person is a valid creditor or his representative, demanding appropriate documentary evidence.
- Changes to the conditions, as well as termination of the contract, are made by agreement of the parties. If the parties to the relationship do not reach an agreement, the dispute is resolved in arbitration proceedings.
Additionally
Under Art. 408 of the Civil Code of the Russian Federation, the implementation of the terms of the contract can be carried out in parts. In this case, the creditor is assigned a special right. It may not accept partial execution, unless otherwise provided by the contract itself, the law or the customs of circulation. For example, selling products on credit involves the gradual payment of the purchase price. Under Art. 408 of the Civil Code of the Russian Federation, the implementation of the contract may be assigned to another person. However, it should not be associated with the identity of the creditor. This provision is provided for in paragraph 1 of Article 313 of the Code. For example, a transport organization, having concluded a contract for the carriage of goods with the sender, issues it to the consignee - purchaser under a delivery agreement.
Term
By it is meant the onset of a specific period in which the obligation must already be fulfilled. Dates may be general and extend throughout the duration of the ongoing agreement. They may be private. Such terms are set for the implementation of certain conditions of the transaction. They should be distinguished from the contract period. A supply agreement, for example, may be concluded for 5 years. However, this does not mean that the obligation will be fulfilled after such a time. This may happen earlier.
Early implementation of conditions
Following the provisions of Art. 408 of the Civil Code of the Russian Federation, the debtor can carry out the prescribed actions until the end of the period established for this period, unless otherwise follows from the essence of the contract, law or customs of circulation. Special rules are provided for organizations. A legal entity, in particular, may fulfill an obligation ahead of schedule if it is established by agreement or law. This provision is provided for in Part 1 of Art. 315 of the code. In addition, early execution is allowed with the consent of the creditor. If a period is established in the agreement or time can be determined from its essence, then the conditions must be implemented by a specific date or within the time limit before it. If there are no such reservations, then the obligation is fulfilled within a reasonable time.
Important point
An obligation that is not fulfilled on time, as well as instructions whose implementation period is determined by the time of demand, the debtor must fulfill within 7 days from the date of the claim from the creditor, unless otherwise provided by legislative, other regulatory acts, the terms of the transaction, the nature of the relationship or customs turnover. This provision is fixed in part 1 of article 314 of the code. Early fulfillment of an obligation related to the implementation of entrepreneurial activities by participants is permitted only when such an opportunity is established by law and other legal documents, proceeds from the essence of the contract or follows from its terms, and is also provided for by the customs of turnover.
Place of transaction
It is defined in law or contract. If the place is not installed, execution is carried out:
- To the address of storage or manufacture of property - for other transactions involving the transfer of other objects. In this case, the place must be known to the creditor at the time the obligation arises.
- At the place of delivery of material assets to the first carrier for delivery to the creditor - for obligations to provide goods involving transportation.
- At the location of the property, if the terms of the transaction provide for the transfer of land, buildings, buildings, other real estate.
- At the address of residence / location of the creditor at the time of the occurrence of the monetary obligation. There are situations when, by the time the terms of the transaction are realized, the place is changed. If the debtor has been notified of this, then he shall fulfill the obligation at the new address with the allocation to the creditor's account of the costs associated with the change.
- To the address of residence / location of the debtor - upon implementation of the terms of other contracts.
Specificity
In fact, the fulfillment of an obligation is considered in most cases as a one-way transaction. Carrying out actions stipulated by the conditions of the contract, the debtor seeks to relieve himself of the burden. The general rules of Sec. 9 GK. The most controversial issue is the application of the provisions on the form of transactions. The most widespread opinion was that the rules of Art. 159 p. 3 of the code. Meanwhile, this approach cannot be called indisputable. Realizing the provisions of Art. 408 of the Civil Code of the Russian Federation, judicial practice proceeds from the possibility of using the rules of norm 161. However, this position is doubtful for a number of authors. The fact is that the provisions of the 161st norm apply to bilateral and multilateral treaties. Moreover, as indicated above, the performance of an obligation is considered as a unilateral transaction. Accordingly, the rules of Art. 159 (p. 1). In addition, if we even consider the execution as a two-way transaction, then when resolving the issue of the form, the second paragraph of the same rule should be applied.