Regulates the process of compensation 409 of the Civil Code of the Russian Federation. In the USSR there was something similar, but in the form familiar to modern people, the old norms were not used. For the first time, such an opportunity appeared with the release of the Civil Code, which has been successfully working to this day. Given the fact that there is no specificity in the current legislation, different people understand this norm in their own way. Worst of all, the courts relate to this issue in a very different way. A retirement obligation is a very important element of interaction between citizens or legal entities, which requires a clear understanding of all the features. Below will be described various elements that may be essential for the proper preparation of the contract.
Definition
Retirement is one option where a termination of an obligation may occur. Its essence lies in the fact that interested parties voluntarily decide on how and to what extent existing obligations will disappear. This is true in situations where it is no longer possible to accomplish everything that was previously agreed in the right way. For example, a person was required to do some work for the organization. In return, this company pledged to pay a specific amount. After everything has been done, it turns out that the company has no money. By agreement of the parties, a lease agreement is drawn up, under which a person receives instead of money certain products or equipment that the company has in excess. In the end, everyone is happy, because the organization got what they needed and paid for what was not too important for its work. And the employee is satisfied because the value of the objects exceeds the amount of the payment for the work (or, such equipment was necessary for a person in principle).
Duration and obligations
So, it becomes clear that the compensation is a way to terminate the obligation, in which both parties remain satisfied and the obligations disappear. But there are serious differences regarding the timing and time. That is, it is not always clear whether an obligation disappears immediately after an agreement has been reached and a corresponding agreement has been concluded, or whether it is necessary to wait until the compensation is actually transferred. In many cases, this does not play a significant role, but in some situations, such an element is of great importance. For example, there is an agreement that a car will act as compensation. An agreement has already been signed, but the owner still continues to use this technique. As a result, his obligations are still preserved. They will disappear immediately after the transport specified in the contract is transferred to the other party according to all the rules.
Form and features of the transaction
As mentioned above, compensation is a contract. That is, it must be written in a certain form and, if necessary, registered. There is also a lot of controversy over this item, because there is neither a legislatively approved form, nor a description of what needs to be indicated, and so on. That is, everyone, in theory, can draw up a lease agreement as he likes. Nevertheless, in practice, some features have been identified that must be present in the process of processing the document. So, the form must comply with the form in which the original contract of obligations was drawn up. For example, if he registered with a notary public, the same should be done with compensation and so on.
What should be in the document
As in the previous case, it is not indicated anywhere what exactly the document should contain. That is, it is absolutely not clear which data must be indicated and which is completely unnecessary in order to transfer the compensation. The Civil Code will not help here, but you can focus on the logic and practice of past trials. So, regardless of the general form, the main factor required to be present in the document is the subject of the transaction. Since usually they are a certain amount or object, a clear and detailed description is required. With money, everything is clear, just specify the quantity you need in digital and alphabetic versions. It makes no sense to describe each bill. But with other objects, everything is much more complicated. Their full and detailed description is required, taking into account all the features, distinctive features, possibly - the cost of the object. It may matter its location, color, weight, dimensions, manufacturer and much more. Do not save on this. The more detailed the information about the object, the better.
The subject of compensation
According to common practice, the compensation itself is money or an item. But the exact limitations in Art. 409 of the Civil Code of the Russian Federation is not indicated. As a result, if there is no data, then there is no ban. That is, some work, services and so on can be used as compensation. For example, take the previously described situation. A person has completed work for the company, but it cannot pay under the contract. In response, this company can provide some equipment, or maybe it is engaged in tourism and will offer a ticket to the resort as a fee. If this suits the person, then the obligations will be fulfilled. It should be noted that in practice such situations have not yet occurred, but this does not mean that they did not exist at all. It’s just that the case didn’t reach the court, which positively characterizes the ability to agree in a similar way.
Size and cost
Due to the fact that the compensation is an agreement on the disappearance of obligations, it is not surprising that the sum plays a key role. The parties independently agree on whether this particular item (service, money, etc.) will fully cover everything that needed to be done. For example, the cost of the work performed by a person for the company is 100 thousand rubles. The company has 50 thousand, but the rest will be compensated by transferring a ticket to the resort. That is, actually compensation here is only 50,000 rubles, and the rest will be paid in cash, as previously agreed. Depending on many factors, the parties to the contract can both completely close all obligations and significantly reduce them.
Delay option
Ways to terminate obligations by transferring compensation are generally similar to each other. But there is one point that can significantly affect the transaction itself and its conditions. For example, by agreement, a company is obliged to transfer a car to another person in order to fulfill its own obligations. But in the terms of the transaction it is clearly indicated that this will happen only after a person pays the difference between the debt of the company and the price of transport. Another option - the car will be transferred only after 1 month. These are all delay options. 51 of the Federal Law implies such an opportunity, but directly, again, this is not written anywhere. In any case, there are no statutory time standards or other conditions. It all depends on the contracting parties.
Transfer process
In most cases, the termination of the obligation occurs only when the compensation is transferred. This is a prerequisite. Mechanically, this process can be the most diverse. If household appliances are given, then you just need to transfer them from one place to another and give all the technical documentation, a guarantee, and so on. But with the transfer of shares or real estate, the situation can be much more complicated. It will require notary services, state registration and so on. In some cases, the delay in the transfer depends directly on the complexity of performing all the necessary actions for this. In other situations, this opportunity gives a chance to revise the agreements for the better. There can be a lot of options, and here everything depends directly on the contracting parties.
Interconnectedness
The lease agreement concluded by agreement of the parties directly depends on the document by which obligations originally arose. The inverse relationship is also true. For example, after the signing of the contract of compensation, the interested person could find a way to fulfill their obligations under the initial agreements. In such a situation, a person owes nothing to anyone. That is, the lease agreement is no longer in force. Naturally, if the subject of the transaction has already been transferred, then the obligations also no longer exist. But if you terminate the lease agreement, the debt will not be considered repaid. As you can see, the primary obligation is still the original obligation. Only on its basis can you try to deal with the problem with the help of compensation.
Existing restrictions
Norm 51 of the Federal Law does not imply any prohibitions that may be imposed on the subject of compensation. That is, in theory, an interested person can convey absolutely everything to which he is the owner. In practice, other elements of the law need to be considered. For example, you cannot give an apartment in which there are several owners at once without their permission. This applies to absolutely everything. Naturally, it is impossible to use prohibited substances (drugs, weapons, and so on) as an object of compensation, unless otherwise specified by law. First of all, one should proceed from the reasonableness of the transaction in terms of logic and the knowledge of documents of title that a person has at least a basic understanding of. It is recommended to use the services of notaries and other similar specialists.
Ban
Ways to terminate obligations are not directly limited, but in practice they have some prohibitions. They all depend on other legal norms. So, in accordance with Federal Law No. 127, it is impossible to solve the problem of obligations with compensation if there are several creditors, and preference is given only to one of them. For example, a certain company goes bankrupt. She owes money to enterprises "A", "B" and "C". Under the lease agreement, all equipment becomes the property of company “A”. That is, "B" and "C" do not receive anything. It is not right. By court decision, the equipment will be sold and all the amount received for this will be divided between all creditors in accordance with various factors.
The second option is based on Federal Law No. 13. Here we are talking about municipal or state property, which just cannot be given to anyone. Even as part of fulfilling obligations. Another similar point is regulated by Art. 877 Civil Code. It says that it cannot be taken as a compensation check for a certain amount. This is due to the fact that it may be invalid. This is how fraudsters can act, offering a really real check to an account that has no funds or is not enough. Only after the money is received on hand, the obligations can be considered fully fulfilled (or partially, depending on the amount).
Summary
So, based on all of the above, the termination of an obligation by offset between two interested parties is an important type of relationship that allows you to resolve complex and / or controversial situations. Due to the ability to legally exchange objects, equipment, real estate, transport, services, and so on, as part of fulfilling their own obligations, a more stable situation in society is ensured. This is a useful feature that gives a chance to get out of an unfavorable situation with the least losses, which may not be possible by any other method.