Regressed lawsuit

To begin with, let us recall the concepts of "obligations rights" and "legal obligations". Obligations arise in the vast majority of contracts. In addition, obligations can also be non-contractual. How to act to debtors and creditors in these legal relationships? The answer is clearly spelled out in the laws. And it is the laws that determine the duties and rights of both parties.

But the contractual obligations seem more complicated. According to the Civil Code of the Russian Federation (Article 321), with the participation of several creditors and several debtors, any creditor has the right to demand execution, and any debtor must fulfill obligations on an equal basis with all (unless otherwise provided).

A conscientious debtor, taking, for example, a loan, repays the amount established by the bank upon the arrival of the specified period and is released from the obligations taken before this bank. Unless the above "otherwise provided", to which the debtor could not attach importance (or simply did not notice). "Other" may be hidden, for example, in the word "solidarity". And the other legal norm of the Civil Code reveals this adjective as follows: a creditor can demand execution from absolutely all debtors (ie jointly (jointly), and from any one individually.) As part of the debt, and completely.

Try to stand in the place of the lender. What will he do if one debtor is repaid on time, while others do not? Of course, it will go on the least resistance: it will try to recover the remaining amount of debt from those debtors who are more conscientious (they do not hide and regularly make the amounts specified in contracts). And it will be useless to argue: in this situation, the bank's claim will be unequivocally satisfied. The bank, having received its own, will immediately forget all debtors.

And what should a debtor pay, not only for himself, but for others?

The only way out here is a recourse claim. According to the law, a conscientious debtor can demand the rest to return the money paid to them. Of course, except for his own share. And if the other debtors do not satisfy the demand, a recourse claim will help return the amount recovered by the bank. As a rule, the court remains on the side of the victim and obliges unscrupulous debtors to return the money.

Regressed lawsuit is already familiar in almost all branches of law. For example, an employer forced to reimburse a debt for an employee hired by him has the right to present regressive demands.

Another example is a recourse claim for an accident. A driver hired by a certain company to work falls into an accident. After the investigation it turns out that the driver was guilty of the accident. And this means that the damages are borne by him. The employer pays the legal costs, the fine, reimburses the losses incurred by the second party. Now the driver is obliged to repay the debt directly to his employer. In case of refusal the employer can count on a recourse claim. Debt will be recovered in court, according to law.

A statement of claim in arbitration must be submitted in due course and be properly issued. It is better to entrust such subtleties to lawyers (lawyers), since compliance with procedural requirements to the forms and content of claims does not yet guarantee acceptance of the application for production and satisfaction of claims.

If any discrepancies are revealed, the claim will be left without motion, which means that the case will not be accepted for consideration.

The plaintiff is given time to eliminate the errors in the claim (the refusal of the AIC is not provided for), fixing the date of the claimant's appeal to the court and indicating the deficiencies or inaccuracies. A copy of the determination must be sent to the applicant within 24 hours after the decision is made.