Termination of an obligation in civil law
In civil law, all the relationships of the parties insociety are built on the basis of contractual legal relations. As a result, both parties acquire certain rights and corresponding obligations under the concluded contract. And in Chapter 26 of the Civil Code of the Russian Federation, there are clearly stipulated the grounds for the termination of such.
What is the obligation? It is a contractual relationship, according to whichone party must perform in favor ofthe opposite of some action. An example of the fulfillment of obligations are the following: transfer of goods, property, performance of work and services, payment of money or otherwise. And if the conditions of any contract are fulfilled, obligations arise from both sides. The negative impact of various life circumstances is also stipulated, which implies the termination of obligations in civil law under certain conditions. Circumstances under the conditions of the contract under the influence of external factors can significantly change, creating various grounds for termination of obligations under the contract.
Termination of obligations can be by mutual agreement of the parties.This is the full implementation of the terms of the contract (article408), offsetting obligations (art. 410), compensation (art. 409), novation (art. 414), forgiveness of duty (art. 415). The termination of obligations is possible without dependence from the will of the parties. This is the impossibility of fulfilling the obligation (art. 416), the state act (art. 417), the merger of both the debtor and the defendant in one person (art. 413), the death of one of the parties (art. 418) and the liquidation of the subject (art. 419).
Full execution of the terms of the agreement provides for the fulfillment of all the items in an appropriate way, in a timely manner and in full.
Offset provides for termination of obligationsin whole or in part, by presenting a counterclaim. It is possible in the event that the deadline has already come or the contract provides for a certain moment of its demand. For a counter-offset, the requirements in the Civil Code of the Russian Federation are sufficient to notify one of the parties. It is not allowed to offset the liability in the event of the expiration of the statute of limitations for the claim, compensation for harm to human health, recovery of alimony and money for lifetime maintenance.
The compensation is a contractualagreement of the parties, under which a certain obligation may be terminated in lieu of the grant of another property right. In this case, it may be terminated by the payment of cash or the transfer of property assets, etc. All criteria of compensation, and this is the size, specific time, quality and quantity, the general procedure for transfer is established and agreed by the parties in writing.
Novation is the replacement of the originalobligations to others, which is based on another subject or another way of repaying and paying off. It can not be carried out in the event of an obligation to pay alimony or to compensate for the harm to the life of the victim.
Debt forgiveness also refers to waystermination of any obligations. At the same time, the creditor voluntarily releases the debtor from the obligations in relation to the received assets. Debt forgiveness as a termination of obligations is possible if this action does not violate the rights of third parties.
Termination of obligations outside the will of the parties
The termination of obligations arises also outsidethe will of the parties in the contract or otherwise in the event of force majeure, when it becomes impossible to actually execute. These can be extraordinary circumstances, such as floods or other natural disasters, as well as military actions. To the termination of obligations in the contract can result and separate acts of the state bodies. At the same time, both parties can claim compensation for losses incurred in connection with such a decision. The termination of obligations is possible and at merge of the debtor and the creditor in the uniform person. The death of a civilian, to whom alimony is compensated, or money is paid to compensate for harm, can also serve as a basis for this. When liquidating a legal entity, termination of obligations follows.