Within the framework of civil turnover, a huge number of transactions arise. Most of them are regulated by the rules of law of obligations. Moreover, the implementation of specific conditions depends on the specifics of the content of the legal relationship.
The performance of obligations should be understood as the commission of actions that constitute the essence of the obligation relationship, or abstinence from them. This wording is enshrined in Art. 307 of the Civil Code of the Russian Federation. 309 of the Codex rule specifies this definition. Moreover, its provisions are applied in conjunction with other articles of the Civil Code.
The legislation establishes general and special rules for the repayment of obligations. The first are defined in Art. 309, 310 of the Civil Code of the Russian Federation. We will get acquainted with the comments on these and other norms below.
The content of the article
According to Art. 309 of the Civil Code , the repayment of obligations must be carried out properly. Execution must comply with the terms of the transaction and the requirements of legislative and other regulatory acts.
If the conditions and requirements are absent in the law, then, in accordance with the current version of Art. 309 of the Civil Code of the Russian Federation , the customs of turnover or the requirements of ordinary circumstances apply to obligatory legal relations.
Single sided failure
For a more complete understanding of the characteristics of the performance of obligations, it is necessary to conduct a general analysis of Art. 309, 310 GK . In the first norm, as mentioned above, the basic provisions governing the implementation of transaction conditions are fixed. Article 310 sets out some restrictions for participants in obligatory legal relations.
The norm, in particular, does not allow unilateral refusal to comply with the terms of the transaction, as well as changing them, except in cases specified in the Civil Code and other legal documents.
If you analyze Art. 309 of the Civil Code of the Russian Federation with the comments of lawyers, it can be noted that specialists pay special attention to the principles that arise from the content of the norm. As one of the main acts the requirement of stability of the obligation relationship. Some experts call it the "principle of fidelity" to the contract.
According to general rules, it implies, firstly, the impossibility of any of the participants to refuse to fulfill the obligation. Secondly, the principle implies the constancy of the essence and the inadmissibility of its change at the discretion of one of the subjects.
The law allows the establishment of fees for unilateral refusal by agreement of the parties. However, such an agreement will be declared null and void if the relevant right is enshrined in a peremptory norm.
Proper execution
The effect of this principle established in the Civil Code in Art. 309 , expressed in the presentation to the participants of legal relations of the requirements, having a dual character.
First of all, the execution must strictly comply with the law, the terms of the transaction, and in their absence - with the customs of circulation or the requirements usually presented in similar situations.
Secondly, the debtor must comply with all the conditions of the contract established for the subject, term, place, method, subject composition.
Within the framework of contractual relations, participants can determine not only their duties and rights, but also the ways of their implementation. This shows the principle of freedom of contract laid down in Art. 421 of the Civil Code of the Russian Federation. 309 article somewhat limits the limits of this freedom, which is quite justified. If all restrictions and prohibitions are abolished, chaos will begin in the civil circulation, since not all entities are conscientious in themselves. Some of them comply with contractual terms solely under penalty of sanctions.
Conditions for the proper repayment of obligations
The requirement enshrined in Art. 309 CC , is considered complied with if the execution is provided:
- The proper subject to the proper addressee.
- In accordance with the subject of the transaction.
- Within the time period established by the contract, legislative or other regulatory act.
- In a place determined by the parties, and in the absence of such a condition - in accordance with the law.
Important point
The provisions of Art. 309 Civil Code are addressed not only to the debtor, but also to the creditor. In this case, we can fully talk about the presence of the latter certain obligations. However, they do not turn the creditor into a debtor, since they do not have independent significance.
The principles of Art. 309 of the Civil Code were not established in favor of the obligated entity, but only to ensure the proper execution of the terms of the transaction. They are aimed at eliminating all kinds of obstacles that may arise when paying off obligations by the debtor. The fact is that non-compliance with the terms of the transaction by the lender can lead to negative consequences for him. For example, he may be charged with the obligation to compensate for the damage incurred by the debtor.
Nature of execution
Redemption must be real. This means that the debtor needs to perform specific actions enshrined in the contract, or to refrain from them.
Proper execution is always real. However, not in all cases, real compliance with the terms of the transaction can be considered proper. For example, the work performed by the contractor turned out to be of poor quality.
Some scientists believe that the reality of repayment should be considered as one of the performance indicators - the subject. In this regard, it cannot be qualified as the principle of fulfillment of contractual conditions.
Third party engagement
Within the framework of the obligation relationship, obligations and rights arise exclusively for their participants. Parties choose a counterparty in accordance with their needs. They are interested in specific actors participating in the execution. Consequently, proper repayment does not imply a third party is involved in the legal relationship.
This provision is essential in cases where the quality and nature of the performance are determined by the individual characteristics of the parties (in most situations, the debtor). Moreover, the creditor’s personal qualities are often unimportant to the lender. In these cases, the law allows third parties to be liable for repayment.
Execution to another entity may be provided for in the agreement or established by the lender before directly fulfilling the terms of the transaction. In such cases, it must be taken into account that the representative of the creditor or another person does not have any rights to demand anything from the debtor.
When providing performance to a third-party entity, the debtor may demand proof of authority from him. If he does not exercise this right, he will bear the risk of paying off the obligations to the wrong person.
Notary Deposit
In some cases, the debtor is not able to provide performance to the creditor. In such situations, he can fulfill the terms of the transaction by depositing securities or cash on a notary's deposit. The grounds for exercising this right should be considered:
- The absence of a creditor in the agreed place.
- The debtor has doubts about the person to whom the execution should be granted. This, in particular, is about a dispute between a third party and the receiver of performance.
- Recognition of the creditor as legally incompetent and the absence of a representative.
- Evasion of the recipient from the adoption of performance, delays made by him.
Item Properties
Performance may be appropriate in which the debtor provides property to the creditor or performs another action provided for by the terms of the contract.
In this regard, in some legal relations, quality, quantity, and an assortment of values to be transferred are of particular importance. In other transactions, other parameters and properties may become important. Therefore, issues related to the subject of the obligation are regulated in the norms of the special part of the Civil Code. The general part, however, establishes the requirements for monetary and alternative obligations.
Execution methods
Civil law uses concepts such as partial redemption and performance in parts.
In the first case, it is the incomplete action of the debtor. Accordingly, it is regarded as a form of improper execution.
When repaying an obligation in parts, a phased completion of the agreed actions is expected. It can flow from the essence of the transaction, determined by the specifics of the property. The Civil Code provides for the possibility not to accept such a performance, unless otherwise provided by law, other regulatory provisions, does not follow from the essence of the obligation itself or the customs of turnover.
Features of the deadline
Repayment time is one of the essential conditions for fulfilling obligations. The deadline is the time period or a specific moment at which the debtor needs to take the agreed actions, and the creditor, in turn, accept the execution.
Civil law provides for obligations of two types: with an indefinite and a certain period. In the latter case, the period or moment may be established by law, enshrined in the agreement or apparently flow from the substance of the transaction. Obligations, the maturity of which is not established or cannot be determined or is related to the time the creditor makes a claim, are of the first type - with an indefinite period.