LawState and Law

Joint responsibility

Joint liability (Civil Code of the Russian Federation, Article 322) takes place when it is provided for in the contract or established legally, with the indivisibility of the object of the obligation. It also arises in a commitment with a multiplicity of participants. The joint responsibility of several debtors is considered as such, unless otherwise provided by law. According to the Civil Code, these obligations can be extended to participants in the partnership, companies with additional responsibility. There is also a joint liability of the surety and the debtor under the relevant agreement, the founders of the joint-stock company in accordance with the obligations formed before the company's registration, for the legal representatives formed in the case when it is not possible to determine the successor in the process of reorganization. In addition, it extends to persons who jointly harmed the victim, as well as in some other cases.

The joint responsibility assigns the creditor the right to demand fulfillment of obligations either from all debtors, or from each of them separately. At the same time, he can demand both the whole debt and part of it.

If the creditor has not received claims from one of the debtors, he can file claims against other participants. At the same time, debtors will remain obligated until the requirements are met in full. The creditor establishes the procedure for making claims.

If the joint and several liability is fulfilled by one of the debtors, then the obligations from the other participants are completely removed. In this case, the person who has fulfilled the creditor's claims has the right to present a recourse (recourse) claim to the other debtors in equal parts, deducting their share. In this case, the responsibility of the remaining persons will be considered not solidary, but shared.

If one of the debtors does not pay the share falling on it (in connection with bankruptcy, for example), then its part is divided equally into all remaining participants, including the one who performed the obligation.

The above provisions also terminate the joint responsibility for offsetting the submission of counterclaims from one of the obliged.

For damage, liability extends only to the culprit. In the process of insurance, the insurer fulfills certain obligations. At the same time, liability for damage is not covered by it. The insured (both collectively and separately) are not considered to be the persons causing the damage. In this regard, do not bear joint responsibility for him. They are also not liable for the implementation of insurance payments, as they are not obliged to be subject to insurance relations. In the Civil Code on joint liability is mentioned in the case of registration of co-insurance. And even in this case, the law does not mean compensation for damage, but payments for insurance compensation.

The most common of all forms of joint and several liability is "passive responsibility". It arises between several debtors. In this case, personal support is formed in various forms. This, in fact, means that the chances of the creditor to meet their demands are increasing. This is mainly due to the fact that he can apply to any of the debtors, while demanding payment of the entire debt.

Passive obligations can arise on the basis of an agreement concluded in the form of a contract.

Different forms of solidarity surety often take place in civil law. In the implementation of trade relations often there are obligations on the bill, there is also a so-called "indivisible obligation".

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