Termination of an obligation in civil law

In civil law, all the relationships of the parties in society are built on the basis of contractual legal relationships. As a result, both parties acquire certain rights and corresponding obligations under the concluded contract. And in Chapter 26 of the Civil Code of the Russian Federation, there are clearly provided grounds for the termination of such.

What is the obligation? It is a contractual relationship, according to which One side must perform in favor of the opposite some action. An example of the fulfillment of obligations are the following: transfer of goods, property, performance of work and services, payment of money or otherwise. And if the conditions of any contract are fulfilled, obligations arise from both parties. The negative impact of various life circumstances is also provided, which implies the termination of obligations in civil law under certain conditions. Circumstances under the terms of the contract under the influence of external factors can significantly change, creating various grounds for termination of obligations under the contract.

Termination of obligations can be by mutual agreement of the parties. This is the full implementation of the terms of the contract (art. 408), offsetting obligations (art. 410), compensation (art. 409), novation (art. 414), forgiveness of duty (art. 415). The termination of obligations is possible without dependence from the will of the parties. This is the impossibility of fulfilling the obligation (Article 416), the state act (Article 417), the merger of both the debtor and the defendant in one person (Article 413), the death of one of the parties (Article 418) and the liquidation of the subject (Article 419).

Full compliance with the terms of the agreement provides for the fulfillment of all the items in an appropriate way, in a timely manner and in full.

Offset provides for the termination of obligations in whole or in part due to a counterclaim. It is possible in the event that the deadline has already come or the contract provides for a certain time of its demand. For a counter-set-off, the requirements in the Civil Code of the Russian Federation are sufficient to notify one of the parties. It is not allowed to offset the obligation in the event of the expiry of the statute of limitations for the claim, compensation for harm to human health, recovery of alimony and money for lifetime maintenance.

The compensation is a contractual agreement of the parties, under which a certain obligation may be terminated in lieu of granting another property right. In this case, it may be terminated by the payment of cash or the transfer of property assets, etc. All criteria of compensation, and this is the size, the specific terms, quality and quantity, the general order of transfer is established and agreed by the parties in writing.

Novation is the replacement of the original obligation by others, which is based on another object or another way of repaying and paying off. It can not be carried out in the event of an obligation to pay alimony or to compensate for the harm to the life of the victim.

Debt forgiveness also refers to ways to stop any obligations. At the same time, the creditor voluntarily releases the debtor from the obligations in relation to the received assets. Debt forgiveness as a termination of obligations is possible if this action does not violate the rights of third parties.

Termination of obligations outside the will of the parties

The termination of obligations arises also outside the will of the parties in the contract or otherwise in the event of force majeure, when it becomes impossible to actually execute. This can be extraordinary circumstances, such as floods or other natural disasters, as well as military actions. To the termination of obligations in the contract can result and separate acts of the state bodies. At the same time, both parties can claim compensation for the losses incurred in connection with such a decision. The termination of obligations is possible and at merge of the debtor and the creditor in the uniform person. The death of a civilian, to whom alimony is compensated, or money is paid to compensate for harm, can also serve as a basis for this. When liquidating a legal entity , termination of obligations follows.