The solidarity responsibility is ... Joint responsibility: the Civil Code of the Russian Federation. What is joint and several liability?

The Civil Code divides the notion of "responsibility" into several types. In particular, in this article we will tell you what is joint and several liability and when it can come. It is worth noting that a certain economic interest in concluding various transactions arises not only from creditors, but also from debtors. However, joint responsibility arises from citizens or legal entities by no means always, but only if the subject of the obligation can not be divided, if several persons are harmed and in some other cases.

The concept of mutual responsibility

As already indicated, this kind of responsibility comes only under certain circumstances. Joint responsibility is an obligation that can only occur in situations that are envisaged by the Civil Code of the Russian Federation, some other normative acts or directly by the contract. The legislation specifies that if several debtors or creditors have an obligation related to entrepreneurship, then they must share responsibility. This is primarily due to the fact that in business relationships there is always an increased risk.

Legislative standards

The civil code and some other laws clearly state when joint responsibility may occur. For example, if the lessor is in charge of choosing the seller, according to the contract of sale, then the lessee can file claims that result from the sale-purchase agreement, to the seller of the property, and also to the lessor. The same applies to the buyer of the goods, if the purchased item is of poor quality or defective. So, the consumer is given the right to choose to file a claim either to the seller or directly to the manufacturer. The law provides for mutual obligations for the founders of certain types of legal entities. Thus, participants in a simple partnership agreement must respond in a solidarity to all obligations of the established organization. The Civil Code also provides for another case where certain individuals will respond mutually - causing harm to several entities. That is, in order for joint responsibility to emerge, persons need not be bound by contractual relations. It is enough that they have committed the same violation.

Contractual obligations

As we have already explained, the joint responsibility is obligations that arise simultaneously for several persons in the confluence of certain circumstances. At the same time, such encumbrance can arise due to not only the law, but also the contract. If the agreement establishes the rule that debtors are jointly liable to the creditor, then he can demand payment of the debt as from all debtors, and each of them separately. Such person has all the powers to oblige one of them to pay a part of the sum or all the debts in full. The law also determines that if one of the debtors does not fully pay the debt, then the creditor has the right to demand the missing amount from the other participants in the transaction. Solidary debtors will be liable until such time as they completely fulfill their obligations under the contract.

Creditor Rights

Solidarity is a very important mechanism for the protection of creditor rights. If the debtor bears a joint obligation, then he should not object to the claims of the creditor. If one of the debtors fully fulfills the obligations, other persons who together with him bear joint liability are exempted from such actions in favor of the creditor.

If other conditions are not specified in the contract, the debtor who performed the joint responsibility may present a regressive (opposite) claim to other debtors with regard to reimbursement of his expenses for covering the debt (with the deduction of the share that falls to him). After debt repayment, the debtor becomes a creditor for other co-owners. If they do not agree to cover this amount voluntarily, then such person can apply to the court.

Privileges and guarantees for the parties

The model of such legal relations is rather beneficial to the creditor, as it receives much more guarantees that the obligation will be fulfilled. Joint liability in civil law was provided to reduce the risk of loss to the creditor. After all, if one of the co-debtors does not pay the debt, then there is a high probability that the other party, which is jointly and severally liable, will be able to cover the losses of the creditor in whole or in part. At the same time, it should be noted that another situation is possible. Civil law provides that there may be such legal relations, when the parties to the contract will be one debtor and several creditors.

Responsibility with condition

In some cases, a joint liability for a loan may arise from a person who is not a party to the contract. However, to become a debtor for the obligations of another person is possible only under certain conditions. For example, if an enterprise has undergone a reorganization and if the separation balance sheet does not allow the assignee to be established, then the subsidiary company may be liable for the debts of the transformed company (if it was responsible together with the main legal entity for all transactions).

Subsidiary and joint and several liability: differences

In addition to the joint, the law defines another type of liability - subsidiarity. The principal difference between these two concepts is that a subsidiary obligation can only occur if the principal debtor can not fulfill its obligations personally. In other words, the subsidiary debtor is a kind of "reserve player", an additional guarantee that the obligation will still be fulfilled. The creditor can not immediately direct the additional debtor to repay the debt. He can make such a claim only after the "principal" borrower does not fulfill his obligation. If the creditor demands repayment of a debt from a subsidiary debtor, then such a person must inform the principal debtor about this. If a debtor is sued, then the main borrower should participate in the legal process.

Results

We have dismantled all cases when joint and several liability can come. The Civil Code of the Russian Federation at the highest level regulates relations between solidary debtors (creditors). Joint obligations may arise by virtue of the provisions of the treaty, the law or the harm caused by several persons. If one of the co-owners fulfills the obligations to the creditor (the victim) in full, he has the power to demand compensation from the rest of the amount (not including his share). At the same time, the creditor himself has the right to decide whom to make demands: to all persons liable under the contract or to someone else.

Solidarity is a mechanism that is designed to minimize the risks of the lender. However, such responsibility may not always occur, but only in the case of the indivisibility of the subject of the obligation or if several persons at the same time will cause harm.