Social nature of man examples. Social nature of man

Article 309. General provisions

Obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements.

Article 310. Inadmissibility of unilateral refusal to fulfill an obligation

Unilateral refusal to fulfill an obligation and unilateral change of its terms are not allowed, except in cases provided for by law. Unilateral refusal to fulfill an obligation related to the implementation by its parties of entrepreneurial activity and unilateral change in the terms of such an obligation are also allowed in cases provided for by the contract, unless otherwise follows from the law or the essence of the obligation.

Article 311. Fulfillment of an obligation in parts

The creditor has the right not to accept the fulfillment of the obligation in parts, unless otherwise provided by law, other legal acts, the terms of the obligation and does not follow from the customs of business or the essence of the obligation.

Article 312. Fulfillment of an obligation to the proper person

Unless otherwise provided by agreement of the parties and does not follow from the customs of business or the essence of the obligation, the debtor has the right, when fulfilling the obligation, to demand evidence that the fulfillment is accepted by the creditor himself or a person authorized by him to do so, and bears the risk of the consequences of failure to present such a requirement.

Article 313. Fulfillment of an obligation by a third party

2. A third party who is in danger of losing his right to the debtor’s property (the right to lease, pledge, etc.) as a result of the creditor’s foreclosure on this property may, at his own expense, satisfy the creditor’s claim without the debtor’s consent. In this case, the rights of the creditor under the obligation are transferred to the third party in accordance with this Code.

Article 314. Time limit for fulfilling an obligation

2. In cases where an obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, it must be fulfilled within a reasonable time after the obligation arises.

An obligation not fulfilled within a reasonable period of time, as well as an obligation for which the deadline for fulfillment is determined by the moment of demand, the debtor is obliged to fulfill within seven days from the date the creditor submits a demand for its fulfillment, unless the obligation to perform within a different period follows from the law, other legal acts, conditions obligations, customs of business or the substance of the obligation.

Article 315. Early fulfillment of an obligation

The debtor has the right to fulfill the obligation before the deadline, unless otherwise provided by law, other legal acts or terms of the obligation or follows from its essence. However, early fulfillment of obligations related to the implementation of business activities by its parties is allowed only in cases where the possibility of fulfilling the obligation before the deadline is provided for by law, other legal acts or terms of the obligation, or follows from the customs of business or the essence of the obligation.

Article 316. Place of fulfillment of the obligation

If the place of performance is not determined by law, other legal acts or agreement, or is not clear from business customs or the essence of the obligation, performance must be made:

under the obligation to transfer a land plot, building, structure or other real estate - at the location of the property;

under an obligation to transfer goods or other property that involves its transportation - at the place where the property was handed over to the first carrier for delivery to the creditor;

for other obligations of the entrepreneur, to transfer goods or other property - at the place of manufacture or storage of the property, if this place was known to the creditor at the time the obligation arose;

for a monetary obligation - at the place of residence of the creditor at the time the obligation arose, and if the creditor is a legal entity - at its location at the time the obligation arose; if the creditor at the time of fulfillment of the obligation changed his place of residence or location and notified the debtor about this - at the new place of residence or location of the creditor with the costs associated with the change of place of performance being charged to the creditor's account;

for all other obligations - at the place of residence of the debtor, and if the debtor is a legal entity - at its location.

Article 317. Currency of monetary obligations

1. Monetary obligations must be expressed in rubles ().

2. A monetary obligation may stipulate that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units (ecus, “special drawing rights”, etc.). In this case, the amount payable in rubles is determined at the official exchange rate of the relevant currency or conventional monetary units on the day of payment, unless a different rate or another date for its determination is established by law or by agreement of the parties.

3. The use of foreign currency, as well as payment documents in foreign currency when making payments on the territory of the Russian Federation for obligations, is permitted in cases, in the manner and on the conditions determined by law or in the manner established by it.

Article 318. Increase in amounts paid for the maintenance of a citizen

The amount paid under a monetary obligation directly for the maintenance of a citizen is indexed in cases and in the manner established by law or agreement. (edited) Federal laws dated November 26, 2002 N 152-FZ, dated November 30, 2011 N 363-FZ)

Article 319. The order of repayment of claims under a monetary obligation

The amount of the payment made, which is insufficient to fulfill the monetary obligation in full, in the absence of another agreement, first of all pays off the creditor's costs of obtaining fulfillment, then interest, and the remaining part - the principal amount of the debt.

Article 320. Fulfillment of an alternative obligation

The debtor, who is obliged to transfer one or another property to the creditor or to perform one of two or more actions, has the right to choose, unless otherwise follows from the law, other legal acts or the terms of the obligation.

Article 321. Fulfillment of an obligation in which several creditors or several debtors participate

If several creditors or several debtors are involved in an obligation, then each of the creditors has the right to demand performance, and each of the debtors is obliged to fulfill the obligation in an equal share with the others insofar as it does not follow otherwise from the law, other legal acts or the terms of the obligation.

Article 322. Joint and several obligations

2. The obligations of several debtors under an obligation related to entrepreneurial activity, as well as the claims of several creditors in such an obligation, are joint and several, unless otherwise provided by law, other legal acts or the terms of the obligation.

Article 323. Rights of the creditor in case of joint and several liability

2. A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the remaining joint and several debtors.

Joint and several debtors remain obligated until the obligation is fully fulfilled.

Article 324. Objections to the creditor’s claims in case of joint and several liability

In the case of a joint and several obligation, the debtor does not have the right to raise objections against the creditor’s claim based on relations of other debtors with the creditor in which this debtor does not participate.

Article 325. Fulfillment of a joint and several obligation by one of the debtors

1. Fulfillment of a joint and several obligation in full by one of the debtors releases the remaining debtors from fulfillment to the creditor.

2. Unless otherwise follows from the relations between joint and several debtors:

1) the debtor who has fulfilled a joint and several obligation has the right of recourse against the remaining debtors in equal shares minus the share falling on himself;

2) what is not paid by one of the joint and several debtors to the debtor who has fulfilled the joint and several obligation falls in equal shares on this debtor and on the other debtors.

3. The rules of this article are applied accordingly when a joint and several obligation is terminated by offsetting the counterclaim of one of the debtors.

Article 326. Joint and several claims

1. If the claim is solidary, any of the joint creditors has the right to file a claim against the debtor in full.

Before a claim is made by one of the joint creditors, the debtor has the right to fulfill the obligation to any of them at his own discretion.

2. The debtor has no right to raise objections against the claim of one of the joint creditors based on the relationship of the debtor with another joint creditor in which this creditor does not participate.

3. Fulfillment of an obligation in full by one of the joint creditors releases the debtor from fulfillment to the remaining creditors.

4. A joint and several creditor who has received performance from a debtor is obliged to compensate what is due to other creditors in equal shares, unless otherwise follows from the relations between them.

Article 327. Fulfillment of an obligation by depositing a debt

1) the absence of the creditor or the person authorized by him to accept performance in the place where the obligation must be fulfilled;

2) the incapacity of the creditor and the absence of his representative;

3) an obvious lack of certainty as to who is the creditor of the obligation, in particular in connection with a dispute on this issue between the creditor and other persons;

4) the creditor’s evasion from accepting performance or other delay on his part.

2. Depositing a sum of money or securities with a notary or court is considered the fulfillment of an obligation.

The notary or the court, in whose deposit the money or securities are deposited, notifies the creditor about this.

Article 328. Counter-fulfillment of obligations

1. The fulfillment of an obligation by one of the parties, which, in accordance with the contract, is conditioned by the fulfillment of its obligations by the other party, is recognized as counter.

2. If the obligated party fails to provide the performance of the obligation stipulated by the contract or there are circumstances clearly indicating that such performance will not be carried out within the established period, the party on which the counter-performance lies has the right to suspend the performance of its obligation or refuse to perform this obligation and demand compensation for losses.

If the fulfillment of the obligation stipulated by the contract is not carried out in full, the party on whom the counter-performance lies has the right to suspend the fulfillment of its obligation or refuse to perform in the part corresponding to the unprovided performance.

3. If counter-fulfillment of an obligation is made despite the other party’s failure to provide the fulfillment of its obligation stipulated by the contract, this party is obliged to provide such fulfillment.

4. The rules provided for in paragraphs 2 and 3 of this article apply unless otherwise provided by agreement or law.

In accordance with Art. Art. 309 - 310 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts... Unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed, except in cases provided for by law. To the point. Omsk region.

CJSC Fora filed a claim with the Arbitration Court of the Omsk Region against entrepreneur Kharlamova *.*. for the recovery of 23,750 rubles of contractual penalty.

Having checked the case materials in accordance with Articles 153, 155 of the Arbitration Procedural Code of the Russian Federation, having studied the arguments of the appeal, the response to it, and having heard representatives of the parties, the appellate authority believes that the decision is subject to cancellation in part on the basis of paragraphs 2 and 4 of part 1 of Article 158 of the Arbitration Procedural Code RF, and the claims were partially satisfied.

The plaintiff, citing Articles 115, 117, 120, 127 of the Arbitration Procedural Code of the Russian Federation, claims a violation by the court of first instance of the rules of procedural law: deprivation of the opportunity to file a petition for the appointment of a handwriting examination, violation of the principle of continuity of judicial proceedings, incompleteness and one-sidedness of the examination of evidence. The appellate instance does not accept these arguments of the plaintiff. From the protocol of the court session it follows that on October 9, 2000, a break was announced in the court session until October 10, 2000. The protocol does not contain information about the plaintiff's request for a handwriting examination. The plaintiff did not submit any comments on the protocol. The incompleteness of the examination of evidence was corrected when considering the dispute in the appellate instance.

From the case materials it follows that on October 1, 1998, Fora CJSC and businessman Kharlamova *.*. entered into a contract agreement, according to which the plaintiff assumed obligations for the construction of a trade pavilion, and the defendant assumed obligations to pay for the plaintiff’s work.

Judicial acts that have entered into legal force (decision of the Arbitration Court of the Omsk Region dated November 15, 1999 in case No. 8-134, cassation resolution of the Federal Arbitration Court of the West Siberian District dated March 13, 2000 in case No. Ф04/630-108/А46-2000) It has been established that entrepreneur Kharlamova *.*. the obligation to pay for the property of the trade pavilion received from Fora CJSC was not fulfilled. The decision was collected from entrepreneur Kharlamova *.*. in favor of Fora CJSC, a debt in the amount of 25,000 rubles, a contractual penalty for the period from December 25, 1998 to November 12, 1999, using Article 335 of the Civil Code of the Russian Federation, in the amount of 26,000 rubles. The decision has not yet been executed, the debt has not been repaid, which is not disputed by the parties.

By virtue of paragraph 2 of Article 58 of the Arbitration Procedural Code of the Russian Federation, the circumstances established by a decision of the arbitration court that has entered into legal force in a previously considered case are not proven again when the court considers another case in which the same persons participate.

Judicial acts that have entered into legal force have established the defendant's failure to fulfill his monetary obligation. According to Articles 309 - 310 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts... Unilateral refusal to fulfill an obligation and unilateral change of its conditions is not allowed, except in cases provided for by law. In accordance with paragraph 1 of Article 408 of the Civil Code of the Russian Federation, proper performance terminates the obligation. Entrepreneur Kharlamova *.*. has not yet fulfilled its monetary obligation, as a result of which it may be subject to civil liability.

The court of first instance concluded that the defendant’s obligations were terminated due to the termination of the contract by agreement of the parties in March 1999. The appellate instance considers that this circumstance, which the arbitration court considered established, is not proven. The defendant, in support of his objections, submitted a letter from JSC “Fora” dated March 17, 1999 N 25. The appellate instance, guided by paragraph 1 of Article 53, Article 57 of the Arbitration Procedure Code of the Russian Federation, comes to the conclusion that this document does not confirm the fact of termination of the contract. By virtue of paragraph 1 of Article 452 of the Civil Code of the Russian Federation, an agreement to amend or terminate a contract is made in the same form as the contract, unless otherwise follows from the law, other legal acts, the contract or business customs. The agreement dated October 1, 1998 was made in writing. Agreement on termination of the contract in writing (not presented to the arbitration court. According to paragraph 1 of Article 450 of the Civil Code of the Russian Federation, amendment and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other laws or the contract. In paragraph 5 of the agreement dated 10/01/98 The parties provided for the possibility of early termination of the agreement at the request of JSC Fora, in the event of failure by the defendant to fulfill the conditions for financing construction. Letter dated March 17, 1999 N 25 contains a reference to clause 3 of the agreement dated October 1, 1998, which does not contain conditions for termination of the agreement. does not allow us to conclude that they considered the obligations terminated. The application for termination of the contract was made by the entrepreneur Kharlamova *.* only in August 2000. JSC Fora denies the fact of termination of the contract dated 10/01/98 and the sending of the letter dated 03/17/99. No. 25. A visual comparison of the signature of the head of Fora CJSC on the documents available in the case raises in the court doubts about the authenticity of the signature made in the letter dated March 17, 1999 No. 25. When considering case No. 8-134, entrepreneur Kharlamova *.*. did not declare termination of the contract in March 1999. By decision of November 15, 1999 from entrepreneur Kharlamova *.*. a contractual penalty was collected for the period up to November 12, 1999. Thus, the decision of the arbitration court that entered into legal force established that the agreement was in force even after March 1999, which has prejudicial significance for the resolution of this dispute.

The plaintiff filed a claim to collect the penalty provided for in the contract (clause 5). Since the defendant’s obligations have not been terminated, it is possible to demand the fulfillment of a security obligation, which corresponds to Articles 329, 330 of the Civil Code of the Russian Federation. The demand is for the collection of a penalty in the amount of 0.5 percent of the debt amount for each day of delay. The penalty is calculated for the period from November 13, 1999 to May 20, 2000 (190 days) from the amount of the debt of 25,000 rubles established by the decision of the arbitration court, and amounts to 23,750 rubles. The appellate court, guided by Article 333 of the Civil Code of the Russian Federation. Taking into account the factual circumstances of the case, the period of delay, the behavior of the parties, it comes to the conclusion that the declared penalty is disproportionate to the consequences of the violation of the obligation. The appellate instance considers it necessary to reduce the amount of the collected penalty by applying, when calculating it, the discount rate of the Central Bank of the Russian Federation on the day the claim was filed - 06/01/00, which was 33 percent per annum. The appellate instance satisfies the demand for a penalty in the amount of 4,351 rubles (25,000 rubles x 33%: 360 days x 190 days).

The costs of paying the state duty on the claim are subject to the responsibility of the defendant, the costs of paying the state duty on the appeal are distributed in proportion to the satisfied claims. Guided by paragraph 2 of Article 157 of the Arbitration Procedure Code of the Russian Federation, the arbitration court ruled:

The decision of the Arbitration Court of the Omsk Region dated October 9-10, 2000 in case No. 2-206 to cancel the refusal to collect 4,351 rubles of a penalty, and to make a new decision in this part.

To collect from the entrepreneur Kharlamova Lyudm, who lives in the city of Omsk, Kirova Street, building 10, building 2, apartment 21, in favor of the Closed Joint Stock Company “Fora”, Omsk, 4,351 rubles in penalties.

The rest of the decision remains unchanged.

To collect from the entrepreneur Kharlamova Lyudm living in the city of Omsk, Kirova street, building 10, building 2, apartment 21, in favor of the Closed Joint Stock Company “Fora”, Omsk, 1,187 rubles 50 kopecks in reimbursement of expenses for paying the state duty on the claim, 103 rubles 34 kopecks in reimbursement of expenses for payment of the state fee on the appeal.

The decision can be appealed in cassation to the Federal Arbitration Court of the West Siberian District of Tyumen.

Chapter 22. Fulfillment of obligations

Article 309.General provisions

Article 310. Inadmissibility of unilateral refusal to fulfill an obligation

Article 311. Fulfillment of an obligation in parts

Article 312. Fulfillment of an obligation to the proper person

Commentary on Article 312 of the Civil Code of the Russian Federation

1. From the comments. article it follows that the debtor bears the risk of delivering the performance to an improper person, including in the case when he did not require evidence confirming that this person is a creditor or is duly authorized.

2. The authority of a third party to accept what has been performed can be expressed in a power of attorney or established in another way (for example, the buyer’s contract with the supplier specifies a third party to whose address the goods should be sent).

Performance is deemed to have been completed by the proper person until the creditor proves otherwise.

3. Delivery of execution to an improper person in its consequences is equivalent to failure to fulfill an obligation, and therefore entails the consequences specified in Article 393 of the Civil Code

Article 313.Fulfillment of an obligation by a third party

1. The fulfillment of an obligation may be entrusted by the debtor to a third party, unless the law, other legal acts, the terms of the obligation or its essence imply that the debtor is obligated to fulfill the obligation personally. In this case, the creditor is obliged to accept the performance offered for the debtor by a third party.
2. A third party who is in danger of losing his right to the debtor’s property (the right to lease, pledge, etc.) as a result of the creditor’s foreclosure on this property may, at his own expense, satisfy the creditor’s claim without the debtor’s consent. In this case, the rights of the creditor under the obligation are transferred to the third party in accordance with Articles 382 - 387 of this Code.

Article 314. Time limit for fulfilling an obligation

1. If an obligation stipulates or makes it possible to determine the day of its execution or the period of time during which it must be performed, the obligation is subject to execution on this day or, accordingly, at any time within such period.
2. In cases where an obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, it must be fulfilled within a reasonable time after the obligation arises.
An obligation not fulfilled within a reasonable period of time, as well as an obligation for which the deadline for fulfillment is determined by the moment of demand, the debtor is obliged to fulfill within seven days from the date the creditor submits a demand for its fulfillment, unless the obligation to perform within a different period follows from the law, other legal acts, conditions obligations, customs of business or the substance of the obligation.

Article 315. Early fulfillment of an obligation

Article 319. The order of repayment of claims under a monetary obligation

Commentary on Article 319 of the Civil Code of the Russian Federation

1. Dispositive norm comment. Article is established in the interests of the creditor, since it allows for a reduction, as well as repayment of the principal debt, only if the money transferred by the debtor fully covered the creditor’s costs of obtaining execution (for example, payment for bank services for transferring the corresponding amount), as well as interest calculated on the day final payment.

2. Inclusion in the contract of a condition different from that contained in the comment. article of the norm, leads, in particular, to the fact that when the debtor pays only the principal amount sufficient to cover only the debt itself, the remaining part of the debt in the form of the creditor's costs associated with the execution and interest will be calculated only on the day of repayment of the principal part of the debt. Such a condition would be clearly disadvantageous to the creditor, since it does not create adequate incentives for the debtor to fulfill the obligation in a timely manner.

(note: Regarding the loan agreement, explanations about the order of repayment of claims under a monetary obligation are given in And )

Article 321.Fulfillment of an obligation involving several creditors or several debtors

Article 322. Joint and several obligations

1. A joint obligation (liability) or a joint claim arises if the solidarity of the duty or claim is provided for by an agreement or established by law, in particular when the subject of the obligation is indivisible.
2. The obligations of several debtors under an obligation related to entrepreneurial activity, as well as the claims of several creditors in such an obligation, are joint and several, unless otherwise provided by law, other legal acts or the terms of the obligation.

Article 323. Rights of the creditor in case of joint and several liability

1. In case of joint and several obligations of debtors, the creditor has the right to demand performance both from all debtors jointly and from any of them separately, both in full and in part of the debt.
2. A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the remaining joint and several debtors.
Joint and several debtors remain obligated until the obligation is fully fulfilled.

Article 324. Objections to the creditor’s claims in case of joint and several liability

Article 325. Fulfillment of a joint and several obligation by one of the debtors

1. Fulfillment of a joint and several obligation in full by one of the debtors releases the remaining debtors from fulfillment to the creditor.
2. Unless otherwise follows from the relations between joint and several debtors:
1) the debtor who has fulfilled a joint and several obligation has the right of recourse against the remaining debtors in equal shares minus the share falling on himself;
2) what is not paid by one of the joint and several debtors to the debtor who has fulfilled the joint and several obligation falls in equal shares on this debtor and on the other debtors.
3. The rules of this article are applied accordingly when a joint and several obligation is terminated by offsetting the counterclaim of one of the debtors.

Article 326. Joint and several claims

1. If the claim is solidary, any of the joint creditors has the right to file a claim against the debtor in full.
Before a claim is made by one of the joint creditors, the debtor has the right to fulfill the obligation to any of them at his own discretion.
2. The debtor has no right to raise objections against the claim of one of the joint creditors based on the relationship of the debtor with another joint creditor in which this creditor does not participate.
3. Fulfillment of an obligation in full by one of the joint creditors releases the debtor from fulfillment to the remaining creditors.
4. A joint and several creditor who has received performance from a debtor is obliged to compensate what is due to other creditors in equal shares, unless otherwise follows from the relations between them.

Article 327. Fulfillment of an obligation by depositing a debt

1. The debtor has the right to deposit the money or securities due from him to the deposit of a notary, and in cases established by law, to the deposit of the court - if the obligation cannot be fulfilled by the debtor due to:
1) the absence of the creditor or the person authorized by him to accept performance in the place where the obligation must be fulfilled;
2) the incapacity of the creditor and the absence of his representative;
3) an obvious lack of certainty as to who is the creditor of the obligation, in particular in connection with a dispute on this issue between the creditor and other persons;
4) the creditor’s evasion from accepting performance or other delay on his part.
2. Depositing a sum of money or securities with a notary or court is considered the fulfillment of an obligation.
The notary or the court, in whose deposit the money or securities are deposited, notifies the creditor about this.

Article 328. Counter-fulfillment of obligations

1. The fulfillment of an obligation by one of the parties, which, in accordance with the contract, is conditioned by the fulfillment of its obligations by the other party, is recognized as counter.
2. If the obligated party fails to provide the performance of the obligation stipulated by the contract or there are circumstances clearly indicating that such performance will not be carried out within the established period, the party on which the counter-performance lies has the right to suspend the performance of its obligation or refuse to perform this obligation and demand compensation for losses.
If the fulfillment of the obligation stipulated by the contract is not carried out in full, the party on whom the counter-performance lies has the right to suspend the fulfillment of its obligation or refuse to perform in the part corresponding to the unprovided performance.
3. If counter-fulfillment of an obligation is made despite the other party’s failure to provide the fulfillment of its obligation stipulated by the contract, this party is obliged to provide such fulfillment.
4. The rules provided for in paragraphs 2 and 3 of this article apply unless otherwise provided by agreement or law.

Fulfillment of a contractual obligation is expressed in the performance of actions constituting the subject of the obligation, or in abstaining from their performance. Obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions - in accordance with business customs (Article 309 of the Civil Code of the Russian Federation).

Article 310 of the Civil Code of the Russian Federation provides for the inadmissibility of unilateral refusal to fulfill an obligation. However, the law may provide for cases when a unilateral waiver of obligations and changes in their conditions are permitted. In particular, a unilateral refusal to fulfill an obligation and a unilateral change in an obligation are possible due to non-fulfillment or improper fulfillment by the other party of counter-obligations.

The fulfillment of the obligation must be performed by the proper person. Otherwise, the debtor bears the risk of possible adverse consequences (for example, the creditor may demand a new performance if it was performed by an improper person).

The debtor has the right to deposit the money or securities due from him to the deposit of a notary or court, if the obligation cannot be fulfilled by the debtor due to the absence, incapacity, or evasion of the creditor. This is considered fulfillment of the obligation.

As a rule, an obligation must be fulfilled within the time period specified in the obligation itself, but the law allows for early fulfillment, with the exception of two cases:

1) when the prohibition of early execution is provided for by law, other regulations or terms of the obligation or follows from the essence of the obligation;
2) when fulfilling obligations related to entrepreneurial activity, early fulfillment is possible if this is provided for by law, other regulatory legal acts or terms of the obligation or follows from the customs of business practice or the essence of the obligation.

In case of non-fulfillment or improper fulfillment of obligations, civil liability arises associated with the application of property sanctions aimed at restoring violated rights and stimulating normal economic relations between legally equal participants in civil transactions.

The basis of contractual liability is the violation of subjective civil rights arising from the obligation that has arisen. The legislator has formulated mandatory general requirements for the onset of civil liability. The elements of a civil offense include four conditions:

1) illegality of the debtor’s behavior;
2) the occurrence of losses for the creditor;
3) availability causation between the illegality of the debtor’s behavior and the occurrence of losses for the creditor;
4) the debtor's fault.

The illegality of actions means that they were committed in violation of the law, other established norms and rules. Illegal is behavior that does not meet the requirements for the proper fulfillment of obligations (for example, any violation of someone else’s subjective right, resulting in harm, unless otherwise provided by law or contract). It does not matter whether the offender knew or did not know about the illegality of his behavior. In other words, the concept of illegality reflects only the fact of objective non-compliance of the behavior of a participant in civil transactions with the requirements of the obligation.

Wrongfulness as a condition for the emergence of an obligation to compensate for harm must be inherent not only in actions, but also in inaction. The action of the debtor becomes illegal if it is either directly prohibited by law or other legal act, or contradicts the law or other legal act, agreement, unilateral transaction or other basis of obligation.

Inaction is considered unlawful only if the person has a legal duty to act in the relevant situation. The obligation to act may arise from the terms of the concluded contract. Thus, the inaction of a supplier who fails to deliver goods within the time limits specified in the supply agreement is unlawful.

In case of non-fulfillment or improper fulfillment of its obligations to the creditor, the debtor bears liability established by law or contract. Violation of obligations entails, first of all, the obligation of the debtor to compensate the creditor for losses caused by this violation.

Thus, losses should be understood as expenses that a person whose right has been violated has made or must make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received if normal conditions civil turnover, if his right had not been violated (lost profit).

The causal connection between the unlawful action (inaction) of the perpetrator and the resulting harm is prerequisite the onset of civil liability and is expressed in the fact that: a) the first precedes the second in time; b) the first gives rise to the second.

In civil law relations (except for obligations related to business activities), the mere fact of violation by the debtor of obligations does not mean that the creditor has the right to demand compensation for losses caused by this or the application of other measures of responsibility to the debtor.

A necessary basis for liability for non-fulfillment or improper fulfillment of an obligation is the presence of guilt of the person who committed the violation of the obligation.

Guilt is expressed in the form of intent or negligence. Civil legislation does not disclose their content. Intent is understood as such unlawful behavior when the perpetrator not only foresaw, but also desired or consciously allowed the occurrence of a harmful result. Carelessness is expressed in the absence of attentiveness, forethought, diligence, etc., required under certain circumstances. There are two forms of negligence: gross and simple.

In case of gross negligence, the requirements that are obvious to everyone and imposed on a person carrying out a certain activity are violated. Due to simple negligence, increased requirements are not met. The criterion for distinguishing between gross and simple negligence can be not only various factors characterizing a person’s behavior, but also varying degrees of foresight of consequences in combination with varying degrees of the obligation of such foresight.

The burden of proving the absence of guilt in cases where the presence of guilt is a necessary basis for liability rests with the person who violated the obligation. This provision reveals the essence of the principle of presumption of guilt of the debtor in a civil obligation. However, this does not relieve the creditor who has filed a claim against the debtor, if their dispute is being considered in court, from the need to prove that the debtor has violated the obligation.

The peculiarities of the liability of a person who has not fulfilled or improperly fulfilled an obligation when carrying out business activities are that the basis for releasing him from liability for a violation of an obligation can only be the impossibility of fulfilling it due to force majeure.

“Force majeure” (force majeure) refers to extraordinary and unavoidable circumstances under given conditions. Such circumstances may include various exceptional and objectively insurmountable (in the appropriate situation) events and phenomena: flood, earthquake, snowfalls and other similar natural disasters, military actions, epidemics, etc. Circumstances that do not have signs of exceptionality and objective unavoidability under these conditions cannot be considered as force majeure: for example, lack of funds to pay for goods in the presence of receivables, violation of contractual delivery obligations by counterparties raw materials, materials, components, etc.

The law or contract may provide for other grounds for liability or exemption from it in cases where there is a violation of an obligation when carrying out business activities. However, under any circumstances, it is not permitted to conclude in advance an agreement to eliminate or limit liability for an intentional violation of an obligation. Such an agreement is recognized as a void transaction.

It is necessary to keep in mind one more circumstance that significantly affects the civil liability of legal entities and entrepreneurs as participants in property turnover: the actions of the debtor’s employees to fulfill the obligation are recognized as the actions of the debtor himself.

The debtor's employees, i.e. persons who have labor, service, etc. relations with the debtor, by their actions create rights and obligations directly for the debtor.

Responsibility for the actions of the debtor's employees that resulted in a violation of obligations rests with the debtor himself.

The main ways to ensure the fulfillment of obligations are compensation for losses and payment of penalties.

The term “compensation for damages” includes not only the concept of “losses”, but also the imposition of the obligation to prove them on the injured party, and on the guilty party the obligation to restore the legal relations violated by it, financial situation injured person.

Often, violation of obligations entails not only compensation by the debtor for losses caused, but also payment of a penalty established by law or contract. In such cases, in judicial practice the problem arises of correctly determining the ratio of recoverable damages and penalties.

As is known, a penalty (fine, penalty) is one of the ways to ensure the fulfillment of obligations, the essence of which is to determine by law or contract the amount of money to be paid by the debtor to the creditor in the event of non-fulfillment or improper fulfillment of the obligation. Thus, the basis for the collection of a penalty, as well as for compensation for losses, is the violation by the debtor of his obligations.

In cases where a penalty is established by law or an agreement, in case of violation of the corresponding obligation and the application of liability in connection with this, the ratio of the penalty payable and compensation for damages must be determined according to the rules established by the Civil Code of the Russian Federation.

The general rule determining the ratio of penalties and losses is that losses are compensated in the part not covered by the penalty (the so-called offset penalty). However, this rule is stated in the form of a dispositive norm. The law or agreement may determine a different ratio of penalties and losses.

The penalty has a twofold essence. On the one hand, it performs a security function. The obligation to pay a penalty is of an accessory nature in relation to the main obligation and is aimed at ensuring the proper fulfillment of the main obligation. On the other hand, in the event of non-fulfillment or improper fulfillment of an obligation, the payment of a penalty takes on the nature of liability for violation of the obligation.

There are the following types of civil liability for violation of obligations: shared, joint, and subsidiary.

Shared responsibility occurs when each of the debtors is liable to the creditor only in the share that falls on him in accordance with the law, or is applied when the law or agreement does not establish joint or subsidiary liability. The shares falling on each of the responsible persons are recognized as equal, unless a different size of shares is established by law or agreement.

Joint and several liability applies if it is provided for by contract or established by law. In case of joint and several liability, the creditor has the right to hold any of the debtors liable both in full and in any part.

Joint and several liability is more convenient for the creditor, as it provides more opportunities to actually satisfy the requirements it has for the responsible persons. Thus, if several persons cause harm to a citizen, he can fully compensate for the losses at the expense of one or those harmers who have the necessary property or funds for this.

In appropriate cases, the creditor may present his claims, the right to which he has acquired due to the fact that the debtor committed a violation of an obligation, not only against the debtor himself, but also against another person who is not a party to this obligation. It's about o somewhat more complicated than the usual construction of liability for non-fulfillment or improper fulfillment of a civil obligation, which is called subsidiary liability. The practical meaning of the rules on this kind of liability is to more reliably ensure the rights and interests of the creditor.

Vicarious liability, i.e. liability in addition to the liability of another person - the main debtor, applies in many cases provided for by law.

A necessary condition for the application of subsidiary liability is the preliminary submission of an appropriate claim to the main debtor who violated the obligation. The refusal of the main debtor to satisfy this claim or failure to receive a response from him gives rise to the right of the creditor to present a corresponding claim to the person who is entrusted with subsidiary liability. This provision radically changes the approach to subsidiary liability and significantly expands the possibilities of its application.

It is necessary to distinguish from subsidiary liability the responsibility of the debtor for the actions of third parties, which occurs in cases where the fulfillment of an obligation is assigned by the debtor to a third party.

When concluding obligations, the parties expect to obtain a certain result, which is achieved by the implementation by the creditor and debtor of the rights and obligations that constitute the content of the obligation. That is, it is necessary to perform certain actions or refrain from actions. The actions to be performed are different and depend on the specific content of the obligation relationship. Despite the variety of actions performed by the debtor, their implementation is determined by general rules. The general rules for fulfilling obligations are called principles for fulfilling obligations.

The current civil legislation provides for two principles for the fulfillment of obligations: the principle of proper performance and the principle of actual performance.

According to Art. 309 of the Civil Code of the Russian Federation, “obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements.” The principle of proper performance, as provided for in this article, presupposes the fulfillment of an obligation by the proper subjects, in the proper place, at the proper time, with the proper object and in the proper manner.

The principle of real execution formulated in Art. 396 of the Civil Code, as a general rule, prescribes the obligation to fulfill an obligation in kind, that is, the debtor performs exactly the action that constitutes the content of the obligation without replacing this action with a monetary equivalent in the form of compensation for losses and payment of a penalty. However, the effect of this principle is narrowed, since in the event of fulfillment of an obligation, compensation for losses and penalties free the debtor from fulfilling the obligation in kind, unless otherwise provided by law and the contract.

Both of these principles are dispositive in nature, since the rules in which they are embodied give the parties the right to formulate rules other than those established by law. The role of these principles is manifested in cases where the parties do not establish special rules of execution, which should not contradict these principles.

The principles of real and proper performance have independent meaning, and neither one is dominant in relation to the other. They mutually condition each other. Fulfilling an obligation is usually not limited to performing any one action. Thus, the execution of work consists of several sequentially completed actions that represent a certain process. Sometimes this process is determined by the actions of the counterparty, for example, in case of mutual obligations. In this case, they talk about counter-fulfillment of the obligation (Article 328 of the Civil Code of the Russian Federation). Counter is the fulfillment of an obligation by one of the parties, which is conditioned by the fulfillment of obligations by the other party (barter agreement).

The law allows the party making counter-performance to suspend performance or refuse performance and demand compensation for damages if the other party’s performance under the contract is not provided, or there are circumstances indicating that such performance will not be made within the prescribed period.

As for the subjects of execution, as already noted, the parties can be represented by one person or several persons. The representation of a person in an obligation by two or more persons is called plurality of persons in an obligation. A distinction is made between active, passive and mixed plurality of persons depending on which party to the obligation the plurality takes place on. If several persons are involved on the creditor’s side with one debtor, then this is active plurality, which is characterized by the fact that several subjects of civil law have the right to demand that the debtor perform the action provided for by the obligation. Passive plurality is when a plurality of persons exists on the debtor's side, while only one person is involved on the creditor's side. In this case, the creditor has the right to demand performance from all co-debtors participating in the obligation. When several debtors and creditors participate in an obligation, mixed plurality occurs. Mixed plurality can arise both with a plurality of participants on one side of the obligation, if the obligation is mutual, and with the participation of several creditors and several debtors in unilateral obligations.

Plurality of persons implies the right for the other party to an obligation to make a claim or perform performance to several persons simultaneously, however, the rights and obligations of the persons participating in such an obligation differ in the scope of rights and obligations belonging to each participant. In accordance with the scope of rights, obligations are distinguished between equity, joint and subsidiary obligations.

With shared plurality, each of the participants has rights and bears obligations in the obligation only within a certain share. Art. 321 of the Civil Code determines that “if several creditors or several debtors are involved in an obligation, then each of the creditors has the right to demand performance, and each of the debtors is obliged to fulfill the obligation in equal shares with others insofar as the law, other legal acts or the terms of the obligation do not something else follows."

By agreement of the parties, equity obligations with unequal shares are possible, for example, when financing construction with different shares.

Joint and several obligations arise only in cases provided for by law or contract, for example, when the subject of the obligation is indivisible (Article 322 of the Civil Code). An obligation related to entrepreneurial activity is joint and several, unless otherwise provided by law, other legal acts or terms of the obligation. That is,. general rule on the ratio of shared and joint obligations, provided for in Article 321 of the Civil Code, is inverted (Article 322, Part 2 of the Civil Code).

According to Article 323 of the Civil Code of the Russian Federation, in case of joint and several obligations of debtors (passive joint obligation), the creditor is given the right to demand performance both from all debtors jointly and from any of them separately, both in full and in part of the debt.

If the performance provided by one of the debtors turns out to be incomplete, the creditor has the right to demand what was not received from the remaining solidary debtors. An obligation is considered fulfilled only if fully fulfilled. A debtor who has fulfilled an obligation in any part continues to be considered obligated until the obligation to the creditor is fully fulfilled.

A joint and several obligation creates a community of co-debtors; the procedure for submitting performance requirements depends on the free discretion of the creditor himself, which makes joint obligations more reliable from the point of view of the creditor.

As a result of the full fulfillment of an obligation by one of the joint and several debtors, the obligation of the remaining debtors is terminated (Article 325 of the Civil Code). The debtor who has fulfilled the obligation has the right of recourse (reverse) claim to the remaining debtors in equal shares, minus the share falling on himself. If one of the co-debtors does not compensate the share of the person who fulfilled the joint and several obligation, then the unpaid share is distributed in equal shares to this debtor and the remaining co-debtors.

A joint and several active obligation gives any of the creditors the right to make claims against the debtor in full. Before a claim is made by one of the creditors, the debtor has the right to fulfill the obligation to any of them at his own discretion. A debtor who has fulfilled an obligation in full to one of the solidary creditors is considered to have fulfilled the obligation. A joint and several creditor who has received the debtor's performance is obliged to compensate what is due to other creditors in equal shares, unless otherwise follows from the relations between them.

In joint and several obligations, the debtor does not have the right to raise objections against the creditor based on the relations of other debtors with the creditor (in case of passive plurality) or the debtor with other creditors (in case of active plurality), in which the debtor does not participate (Article 324, paragraph 2 of Article 326 GK).

Subsidiary obligations exist only with passive plurality and are distinguished by the special nature of the relationship between the main and subsidiary debtor and the order of fulfillment of the obligation to the creditor. The subsidiary debtor fulfills obligations only to the extent not fulfilled by the principal debtor. The creditor is primarily obliged to present a demand for performance to the principal debtor. Only to repay the remaining part if funds are insufficient, the creditor has the right to make a claim against the subsidiary debtor.

Subsidiary relations arise both by force of law and by contract. The peculiarity of these obligations is that a subsidiary debtor who has fulfilled an obligation for the main debtor, as a rule, does not have the right of recourse against the main debtor.

The rule of execution by the proper debtor to the proper creditor has several exceptions, according to which, instead of the debtor or creditor, a third party may participate in the execution or acceptance of execution, i.e. a party that is not a party to the underlying obligation relationship. Participation of third parties in an obligation may occur in the case of reassignment (assignment) of performance and redirection of performance.

In the first case, the debtor assigns the performance of actions aimed at fulfilling the obligation to a third party, who does not become a party to the obligation, since he performs only actual actions in relation to the creditor. The debtor, without leaving the obligation, is responsible to the creditor for performance, as if the performance was carried out by him personally. In accordance with Article 403 of the Civil Code, the debtor is liable to the creditor for the actions of a third party, unless the law establishes that the responsibility is borne by a third party who is the direct executor.

According to Article 313, the fulfillment of an obligation may be entrusted to a third party if the law, other legal acts, the terms of the obligation or its essence do not imply that the debtor is obligated to fulfill the obligation personally.

When assigning execution, the debtor is actually replaced, which is not always desirable for the creditor, since the personal qualities of the performer may also be of interest to the creditor. However, by virtue of the law, the creditor does not have the right to refuse performance offered for the debtor by a third party (Article 313 of the Civil Code).

The third party must be aware of the conditions and content of the obligation that he has to fulfill.

The third party must be aware of the terms of the obligation to be fulfilled. When the assignment of performance occurs at the direction of the debtor, the terms of the obligation are communicated to a third party by the debtor. However, there are cases when a third party can offer performance to the creditor without asking the debtor’s consent or informing him. Paragraph 2 of Article 313 provides that when a third party fears losing his rights to the debtor’s property (the right of pledge, lease, etc.) as a result of the creditor foreclosure on the property. A third party may satisfy the creditor's claim at his own expense without the debtor's consent. In this case, all rights of the creditor under the obligation are transferred to the third party, i.e. there is a change of persons in the obligation.

When redirecting performance, the debtor has the right to fulfill the obligation either to the creditor or to a person directly indicated by the creditor. The risk of the consequences of fulfilling an obligation to an improper person lies with the debtor. In order to protect the interests of the debtor when redirecting execution, the law gives the debtor the right to demand evidence that the execution is accepted by the creditor himself or an authorized person (Article 312 of the Civil Code).

In practice, there is a coincidence of redirection and reassignment of execution, for example, when a creditor of one obligation is a debtor of another.

It should also be noted that there is a concept of a change of persons in an obligation when a creditor or debtor is replaced.

Replacing a creditor is called an assignment of claim or assignment. The creditor who transfers his right of claim is called the assignor, and the one who accepts the right of claim (new creditor) is called the assignee. By general rule the debtor's consent to assign the claim is not required, with the exception of obligations in which the identity of the creditor is essential for the debtor (clause 2 of Article 388). However, in the interests of the assignee, the debtor should be notified of the assignment of the claim. Rights that are inextricably linked with the personality of the creditor, such as claims for alimony, compensation for harm caused to life and health, cannot be transferred to third parties. When assigning the right of claim, no changes occur in the scope of the rights and obligations of the parties. The assignment of the right of claim must be made in the form specified by law, i.e. only in the form established for the transaction, the rights under which are assigned. Compliance with the form of assignment of the right of claim also serves an evidentiary purpose, since the debtor is not obliged to fulfill the obligation to any person who declared himself a new creditor, and has the right to demand the presentation of evidence.

According to Art. 390 of the Civil Code, the creditor who assigns the right of claim is not liable to the new creditor for failure to fulfill the obligation by the debtor, except in the case where he assumes guarantee for the debtor. However, the assignor is responsible for the validity of the transferred claim.

The replacement of the debtor in the obligation is the transfer of debt. It is carried out only with the consent of the creditor, since the identity of the debtor has important for the last one. Transfer of debt is impossible, and the transfer of debt is considered void, i.e. void if the creditor's consent was not sought or a negative answer was received. The form of transfer of debt is subject to the same rules as the assignment of the right of claim, i.e. It must be completed in the same form that was required to complete the transaction for which the obligation is transferred (Article 391 of the Civil Code). The debtor, leaving the obligation, does not bear any responsibility to the creditor for failure to fulfill the obligation by the new debtor. His liability is limited to the choice of his deputy, while the creditor, giving consent to replace the debtor, must himself decide on the feasibility of the obligation by the new debtor.

In mutual obligations, there is a simultaneous transfer of both the right of claim and the transfer of debt. In such cases, it is necessary to fulfill the conditions relating to both the assignment of the right of claim and the transfer of debt.

Speaking about the fulfillment of obligations, it is impossible not to say a few words about the subject of fulfillment. The subject of fulfillment of an obligation is understood as that thing, work or service that, by virtue of the obligation, the debtor is obliged to transfer, perform or provide to the creditor. In order for the obligation to be considered properly fulfilled, the debtor is obliged to transfer exactly the item that was provided. Requirements for the subject are determined in accordance with the terms of the contract, the requirements of the law, and in their absence - in accordance with the usually presented requirements.

As for the subject of fulfillment of monetary obligations, the law provides for special requirements regarding the fulfillment of monetary obligations. Monetary obligations must comply with the legislation of the Russian Federation on currency regulation, according to which all monetary obligations must be expressed in foreign currency Russian Federation- rubles (clause 1 of Article 317 of the Civil Code). Paragraph 2 of Article 317 of the Civil Code allows for the determination of the amount of a monetary obligation not in rubles, but in foreign currency or conventional monetary units, provided that settlements for the obligations will be made in rubles at the official rate of the Central Bank of Russia on the day of payment, or another rate or date established by law or by agreement of the parties. The use of foreign currency, as well as payment documents in foreign currency when making payments on the territory of the Russian Federation for obligations, is permitted in cases determined by the law on currency regulation and exchange control and in the manner established by the Central Bank of Russia. The order of repayment of claims under a monetary obligation is established by Art. 319 of the Civil Code of the Russian Federation.

In addition to monetary obligations, special execution rules are established for alternative obligations. Alternative obligations are obligations in which there is not one, but several items, and the transfer of any of the specified items is proper performance. In accordance with Art. 320 of the Civil Code, the right to choose the subject belongs to the debtor, unless otherwise follows from the law, other legal acts or terms of the obligation.

It is necessary to distinguish alternative obligations from obligations to transfer things defined generic characteristics. In the latter case, the debtor does not need to choose the subject of execution, since it is determined by generic characteristics. In alternative obligations there must be at least two various subjects execution. The destruction of one of the items in an alternative obligation before making a choice may lead to termination of the obligation due to the impossibility of fulfillment if the authorized person makes his choice in favor of the lost item. If the choice is made on the remaining item, the obligation will remain.

Optional obligations have a certain similarity with alternative obligations, nevertheless representing an independent type of obligation. Optional obligations are those in which there is only one subject of performance, but the debtor has the right to replace it with another, pre-agreed subject. Since the item with which the main obligation can be replaced is agreed upon in advance, the consent of the creditor for the replacement is not required. Replacing the main subject with an optional one represents a unilateral transaction by the debtor. Unlike an alternative obligation, the destruction of an object in an optional obligation does not entail the termination of the obligation.

The method of fulfilling an obligation is the order in which the debtor performs actions to fulfill the obligation. Obligations can be fulfilled in a one-time act or in parts. An example of a one-time act is a one-time payment of the entire amount of money upon purchase and sale, periodic payments under a loan agreement are an example of execution in installments. The method of execution is determined by the parties when an obligation arises. If such a determination does not occur, then in the interests of the creditor, Art. 311 of the Civil Code grants the latter the right not to accept the fulfillment of the obligation in parts, unless otherwise provided by law, other legal acts, terms of the obligation and does not follow from the customs of business or the essence of the obligation. It is unacceptable to unilaterally change the terms of an obligation, except in cases provided for by law (Article 310 of the Civil Code). In obligations related to the implementation of entrepreneurial activities by their parties, unilateral derogation from the obligation is allowed more widely and is also possible if there is an appropriate condition in the concluded business agreement. However, such a condition must not contradict the law or the essence of the obligation.

The place where the obligation must be fulfilled is usually determined in the obligation itself or follows from its essence. For obligations that can be fulfilled in different places, the rules established by Art. 316 of the Civil Code, if at the conclusion of the contract the parties did not determine the place of its execution. Depending on the obligation, this may be the location of the property, the place where the property was handed over to the first carrier for delivery to the creditor, the place of manufacture or storage of the property, if this place was known to the creditor at the time the obligation arose; place of residence of the creditor, and if the creditor is a legal entity, at the location at the time of occurrence; a new place of residence or location, with expenses associated with the change of place of execution being charged to the creditor’s account; place of residence of the debtor, and if the debtor is a legal entity - its location.

The deadline for fulfilling the obligation is determined by law, the basis for the occurrence of the obligation or its essence. Obligations that provide for or make it possible to establish the day of its fulfillment or the period of time during which it must be fulfilled are classified as obligations with a certain period of fulfillment. According to Art. 314 of the Civil Code, such an obligation is subject to fulfillment on the day specified in the obligation, or at any time within a certain period.

If the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, it must be fulfilled within a reasonable time after the obligation arises. A reasonable time means the period of time usually necessary to complete the action required by the obligation. It must be determined taking into account the subject of the obligation, the conditions for its fulfillment and other circumstances affecting the actions of the debtor in fulfilling it.

Obligations not fulfilled within a reasonable period of time, as well as obligations whose execution period is determined by the moment of demand, are subject to execution within seven days after the creditor presents the corresponding demand, unless the obligation to perform within a different period of time follows from the law, other legal acts, terms of the obligation, business customs turnover or essence of the obligation. There may be requirements for which execution must be carried out immediately (storage until demand, etc.).

For obligations performed over a sufficiently long period of time, intermediate performance deadlines are important, the purpose of which is to control on the part of the creditor the timely fulfillment of the obligation by the debtor. The Civil Code of the Russian Federation provides for such a debtor's right as early fulfillment of an obligation, unless otherwise provided by law, other legal acts or terms of the obligation or follows from its essence. Violation of intermediate deadlines may entail property sanctions in the form of a penalty.

To ensure proper fulfillment of obligations, the Civil Code of the Russian Federation provides for ways to secure obligations. Article 329 of the Civil Code names six such methods. This open list includes: penalty, pledge, retention of the debtor’s property, surety, bank guarantee, deposit. The significance of these methods of security is that an additional obligation is attached to the main obligation (to transfer a thing, perform work, provide services). It comes into effect when the debtor violates the main obligation. The additional obligation is closely related to the main one: it arises only after the main obligation arises, and ends simultaneously with it.

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