To begin with, we recall the concepts of "obligation rights" and "obligation relations". Obligations arise in the vast majority of contracts. In addition, obligations may be non-contractual. How do debtors and creditors act in these legal relationships? The answer is clearly spelled out in laws. And it is laws that determine both the obligations and rights of both parties.
But contractual obligations seem more complicated. According to the Civil Code of the Russian Federation (Article 321), with the participation of several creditors and several debtors, any creditor has the right to demand execution, and any debtor, along with everyone, is obligated to fulfill obligations (unless otherwise provided).
A bona fide debtor, taking, for example, a loan, repays the amount set by the bank upon maturity and is exempted from earlier obligations to this bank. Unless the above is “otherwise provided”, to which the debtor could not attach importance (or simply did not notice). “Other” may be hidden, for example, in the word “jointly”. And another legal norm of the Civil Code discloses this adjective as follows: the creditor can demand execution from absolutely all debtors (i.e. jointly (jointly and severally), and from each separately. Moreover, both part of the debt and in full.
Try to take the place of the lender. What will he do if one debtor repays the debt on time and the other does not? Of course, he will go to the least resistance: he will try to collect the remaining amount of debt from those debtors who are more conscientious (they do not hide and regularly pay the amounts determined by the agreements on a monthly basis). And it will be useless to argue: in this situation, the bank’s claim will definitely be satisfied. Having received its own, the bank will immediately forget about all debtors.
And what about the debtor who paid not only for himself, but also for others?
The only way out is a regression lawsuit. According to the law, a bona fide debtor may demand the rest to return the money paid by him. Of course, with the exception of his own share. And if the remaining debtors do not satisfy the claim, a recourse action will help return the amount recovered by the bank. As a rule, the court remains on the side of the victim and obliges unscrupulous debtors to return the money.
A regress lawsuit is already familiar in almost all branches of law. For example, an employer who is forced to repay a debt for an employee hired by him has the right to submit regressive claims later.
Another example is a traffic accident lawsuit. A driver hired by a certain company to get into an accident. After the investigation, it turns out: it is the employed driver who is to blame for the accident. And this means that the compensation for losses falls precisely on him. The employer pays the legal costs, fine, reimburses the losses incurred by the other party. Now the driver must repay the debt directly to his employer. In case of refusal, the employer can count on a recourse action. Debt will be collected in court, in accordance with the law.
The statement of claim in the arbitration should be filed in the prescribed manner and be properly executed. It is better to entrust such subtleties to lawyers (lawyers), since compliance with the procedural requirements for the forms and contents of claims does not yet guarantee acceptance of the application for production and satisfaction of the requirements.
If any inconsistencies are detected, the lawsuit will be left without movement, which means that the case will not be considered.
The plaintiff is given time to eliminate errors in the statement of claim (the refusal of the RF agrarian and industrial complex is not provided) with fixing the date of the plaintiff's appeal to the court and indicating shortcomings or inaccuracies. A copy of the decision must be sent to the applicant within 24 hours after the decision is made.