SOME PROBLEMS OF ACCESSORITY IN THE NAMED METHODS OF ENSURING OBLIGATIONS UNDER RUSSIAN CIVIL LAW

Authors

  • R. Truhan

Keywords:

The named methods of securing the fulfillment of obligations, accessory, obligations, contract, creditor, debtor

Abstract

The author of the article made an attempt to disclose the term “Named ways of securing the fulfillment of obligations” accepted in the legal doctrine. The conclusion is made about the conditionality of the term, since the type of interim measures is very subjective and is determined by what exactly one or another author understands by "name".

Given the heterogeneity of the ways to ensure the obligations listed in paragraph 1 of Art. 329 of the Civil Code of the Russian Federation and taking the structure of Chapter 23 of the Civil Code of the Russian Federation as a given, the main debatable issues of the accessory obligations listed in it are considered. It is concluded that it is impossible to create norms that would be common to all these institutions (a kind of "common part"), due to their heterogeneity.

A paradigm has been formulated according to which accessory is a property of obligations (which are the essence of a legal relationship), and not of contracts, and obligations are accessory in relation to other obligations, and not to contracts.

References

Aksenova E.I. Classification of ways to ensure the fulfillment of obligations / Young scientist. -2020. —No 17 (307). -FROM. 163-164. —URL: https://moluch.ru/archive/307/69282/ (date of access: 27.12.2020);

Bevzenko R.S. Contractual and Obligation Law, edited by A.G. Karapetov // M. STATUT. 2017.S. 216

Bevzenko R.S. Accessory security obligations // M. STATUT. 2013;

Dozhdev D.V. Roman private law: textbook, edited by V.S. Nersesyants. M. Norma, 2008, p. 518;

Rudenko E.Yu., Kaunov A.M. Issues of accessory of an independent guarantee // Power of the Law. 2016. No 1. P. 117 –122;

Torkin D.A. Unnamed methods of securing obligations: Abstract of the dissertation of the candidate of legal sciences. Tyumen, 2005. https://new-disser.ru/_avtoreferats/01002832138.pdf (date of access 27.12.2020);

Clause 40 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 22.11.2016 No. 54 "On some issues of applying general provisions Of the Civil Code of the Russian Federation on Obligations and Their Performance "-https: //base.garant.ru/71547148/ (date of access 27.12.2020);

Clause 11 of the Review of judicial practice in resolving disputes related to the application of legislation on an independent guarantee, approved by Presidium of the Supreme Court of the Russian Federation June 5, 2019 -https: //www.garant.ru/products/ipo/prime/doc/72160336/ (date of treatment 12/27/2020).

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Published

2021-03-22

Issue

Vol. 5 No. 12(64) (2020)

Section

Статьи

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