The Civil Code divides the concept of “responsibility” into several types. In particular, in this article we will describe what is joint responsibility and when it may occur. It is worth noting that a certain economic interest in the conclusion of various transactions arises not only among creditors, but also among debtors. However, joint liability does not always arise with citizens or legal entities, but only if it is not possible to divide the subject of the obligation, in case of harm by several persons and in some other cases.
The concept of mutual responsibility
As already indicated, this type of liability only arises under certain circumstances. Joint and several liability is an obligation that can only occur in situations that are provided for by the Civil Code of the Russian Federation, some other regulatory acts or directly by the contract. The law states that if several debtors or creditors have an obligation related to business, then they must be jointly liable. This is primarily due to the fact that in entrepreneurial relations there is always an increased risk.
Legislation
The civil code and some other laws clearly state when joint liability may occur. For example, if the lessor will be responsible for the choice of the seller, according to the contract of sale, the tenant may make claims that arise from the sale and purchase agreement to the seller of the property, as well as to the lessor. The same applies to the buyer of the goods, if the acquired item is defective or defective. Thus, the consumer is given the right to make a claim either to the seller or directly to the manufacturer. The law provides for mutual obligations for the founders of certain types of legal entities. So, participants in a simple partnership agreement must be jointly and severally liable for all the obligations of the created organization. The Civil Code of the Russian Federation also provides for another case in which certain persons will respond mutually - harming several entities. That is, for joint liability to arise, persons do not have to be bound by contractual relations. It is enough that they committed the same violation.
Contractual obligations
As we have already found out, joint liability is an obligation that arises simultaneously for several persons under certain circumstances. At the same time, such an encumbrance may arise not only by law, but also by contract. If the agreement establishes the norm that debtors have joint responsibility to the creditor, then he may demand payment of the debt both for all debtors and for each of them separately. Such a person has all the powers to oblige one of them to pay part of the amount or all of the debt in full. The law also determines that if one of the debtors does not fully repay the debt, the creditor has the right to demand the missing amount from other participants in the transaction. Joint debtors will be obligated until they fully fulfill their obligations under the contract.
Lender rights
Joint and several liability is a very important mechanism for protecting the rights of a creditor. If the debtor bears a joint obligation, then he shall not object to the claims of the creditor. If one of the debtors fully fulfills the obligations, then other persons who, together with him, are jointly and severally liable, are exempted from such actions in favor of the creditor.
Unless other conditions are specified in the contract, the debtor who has fulfilled the joint obligation may present a regressive (reverse) claim to other debtors regarding the reimbursement of his expenses to cover the debt (with deduction of the share that falls to him). After repayment of the debt, the debtor becomes a creditor to other debtors. If they do not agree to cover this amount voluntarily, then such a person can go to court.
Privileges and guarantees for parties
The model of such legal relations is rather beneficial to the creditor, since he receives much more guarantees that the obligation will be fulfilled. Joint liability in civil law was provided to reduce the risk of losses for the lender. After all, if one of the co-borrowers does not pay the debt, then there is a high probability that the other party that bears the joint obligation will be able to fully or partially cover the losses of the creditor. At the same time, it should be noted that another situation is possible. Civil law provides that there may be such legal relations when one debtor and several creditors will be parties to the contract.
Responsibility with the condition
In some cases, joint liability for a loan may arise with a person who is not a party to the contract. However, it becomes possible to become a debtor under the obligations of another person only under certain conditions. For example, if a reorganization has taken place in the enterprise and if the separation balance sheet does not allow the assignment to be established, then the subsidiary can be responsible for the debts of the transformed company (if it was responsible for all transactions together with the main legal entity).
Subsidiary and joint liability: differences
In addition to joint and several, the law defines another type of liability - subsidiary. The fundamental differences between these two concepts are that a subsidiary obligation can only occur if the principal debtor cannot personally fulfill its obligations. In other words, the subsidiary debtor is a kind of “reserve player”, an additional guarantee that the obligation will nevertheless be fulfilled. The creditor cannot immediately send claims to the additional debtor to repay the debt. He can make such a claim only after the “main” borrower fails to fulfill his obligation. If the creditor demands to return the debt from the subsidiary debtor, then such a person must inform the main debtor about this. If a claim is filed against a subsidiary debtor, then the main borrower must also take part in the trial.
Summary
We have examined all cases where joint liability may occur. The Civil Code of the Russian Federation at the highest level regulates relations between joint debtors (creditors). Joint obligations may arise by virtue of the provisions of the contract, the law or in the event of injury by several persons. If one of the co-borrowers fulfills the obligations to the creditor (victim) in full, then he has the authority to demand compensation from the other persons for such an amount (not including his share). At the same time, the lender himself has the right to decide to whom to make claims: to all persons obligated under the contract or to one alone.
Joint and several liability is a mechanism that is designed to minimize the lender's risks. However, such responsibility may not always occur, but only in the case of the indivisibility of the subject of the obligation or if several persons simultaneously cause harm.