Art. 408 Civil Code of the Russian Federation with comments

As an obligation, civil legal relationship, which involves certain persons. They must commit or refrain from acting in favor of each other. Obligations arise both between organizations and between citizens. As a basis, contracts of sale and purchase, transportation, supplies, capital construction and so on can act. Fizlitsa become participants in the obligation relations with consumer services, use of living quarters, transportation and so on.

Article 408 of the Civil Code of the Russian Federation: termination of the obligation by performance

There are certain criteria that the law requires for actions / omissions that must be made by debtors. In addition, special rules have been established for creditors. They are summarized in Art. 408 Civil Code of the Russian Federation. Termination of the obligation to perform is considered the most common way to achieve the goal for which the subjects entered into the relevant relationship.

Conditions

In the above rule, it is established that the obligation is terminated by proper execution. In this case, the creditor must issue a receipt to the debtor. In it, he points out that he accepted the performance completely or a certain part of it. If the debtor has submitted a debt document, then the creditor should return it. If this is not possible, this fact is also indicated in the receipt. This paper can be replaced by an inscription on the debt document returned by the creditor. Its presence with the debtor certifies the termination of the obligation, until proven otherwise. If the creditor refuses to return the debt document, issue a receipt or make a proper entry in it, the second party to the relationship has the right to delay execution. In this case, the former will be considered as overdue.

Art. 408 Civil Code: comments

Due to the existing relationship, one party may be required to transfer the property for use or the property of the creditor, the production of certain works, the payment of money, the provision of services, and so on. Abstention from the commission of actions may be provided for in the agreement. To indicate specific operations that should not be performed, it is allowed to use the corresponding entries. For example, it can be phrases: "Do not smoke", "Do not turn over", "Do not throw." Art. 408 of the Civil Code of the Russian Federation (current version) defines the condition under which legal relations between subjects with respect to a certain subject can be completed. In particular, the prescriptions established by the treaty must be properly implemented within a certain period of time. If there are no relevant instructions in the agreement, the execution is carried out in accordance with the customs of circulation and the generally recognized requirements imposed on such obligations.

General principles

Proceeding from art. 408 Civil Code, the requirements for the debtor are formulated as follows:

1. Unilateral refusal to implement the terms of the contract is not allowed. Exceptions are cases specifically stipulated by law. For example, a one-sided refusal is allowed in the delivery of goods with a deviation in quality from standards, technical conditions and other documentation. This rule is provided for in Part 2 of Article 523 of the Civil Code.
2. Execution must be carried out by the proper subject. This prescription is defined in Art. 312, part 1 of the Code. To implement the provisions of Art. 498 of the Civil Code it is necessary to verify whether the person is a valid creditor or his representative, demanding appropriate documentary evidence.
3. Change of conditions, as well as termination of the contract, is made by agreement of the parties. If the participants do not reach the relevant agreement, the dispute is resolved by way of arbitration proceedings.

Additionally

Within the framework of Art. 408 of the Civil Code, the implementation of the terms of the contract can be made in parts. At the same time, a special right is assigned to the creditor. He may not accept partial execution, unless the other derives from the contract itself, the law or the customs of circulation. For example, selling products on credit involves a gradual payment of the purchase price. Within the framework of Art. 408 Civil Code, the implementation of the terms of the contract may be assigned to another person. However, it should not be associated with the identity of the creditor. This provision is provided for by Part 1 of Article 313 of the Code. For example, a transport organization, having concluded a contract for the carriage of goods with the sender, issues it to the recipient - the acquirer under the supply agreement.

Term

It is understood as the onset of a specific period in which the obligation must already be fulfilled. Terms can be general and extend throughout the duration of the continuing agreement. They can also be private. Such terms are established for the implementation of certain conditions of the transaction. They should be distinguished from the period of the contract. The supply agreement, for example, may be for 5 years. However, this does not mean that the commitment will be fulfilled at such a time. This can happen before.

Early implementation of conditions

Following the provisions of Art. 408 of the Civil Code of the Russian Federation, the debtor can carry out the prescribed actions until the end of the period established for this period, unless the other derives from the essence of the contract, law or customs of trafficking. Special rules are provided for organizations. A legal person, in particular, can fulfill the obligation ahead of schedule, if this is established by an agreement or law. This provision is provided for in Part 1 of Art. 315 of the Code. In addition, early performance is permitted with the consent of the lender. If the agreement establishes a period or from its essence, you can determine the time, then the implementation of the conditions must be carried out by a specific date or within the time limit before it. If there are no such reservations, then the obligation is fulfilled within a reasonable time.

An Important Moment

The obligation that is not fulfilled in time, as well as the orders, the period of sale of which is determined by the moment of demand, must be fulfilled by the debtor within 7 days from the date of presentation of the claim from the creditor, unless otherwise arises from legislative, other normative acts, transaction conditions, the substance of the relationship or Customs of trafficking. This provision is fixed by part 1 of Article 314 of the Code. Early performance of the obligation related to the implementation of business relations by participants is permitted only when such possibility is established by legislation and other legal documents, proceeds from the essence of the contract or follows from its conditions, and is also provided for by the customs of turnover.

Location of the terms of the transaction

It is defined in legislation or contract. If the place is not installed, the execution is carried out:

1. At the address of storage or manufacture of property - for other transactions involving the transfer of other objects. In this case, the place should be known to the lender at the time of the obligation.
2. In the place of delivery of tangible assets to the first carrier for delivery to the creditor - for obligations to provide goods that provide for transportation.
3. At the location of the property, if the terms of the transaction provide for the transfer of land, buildings, buildings, other real estate.
4. At the address of the lender's residence / location at the time of the monetary obligation. There are situations when by the time the terms of the transaction are implemented the place has been changed. If the debtor has been notified of this, then he fulfills the obligation to the new address with the attribution to the account of the lender of the costs associated with the change that has occurred.
5. At the address of residence / location of the debtor - when implementing the terms of other contracts.

Specificity

In fact, the performance of a liability is considered in most cases as a unilateral transaction. Carrying out the actions stipulated by the terms of the contract, the debtor seeks to relieve himself of the burden. His behavior may be subject to the general rules of Ch. 9 of the Civil Code. The most controversial issue is the application of provisions on the form of transactions. The most widespread opinion was that the rules of Art. 159 p. 3 of the Code. Meanwhile, this approach can not be called indisputable. Realizing the provisions of Art. 408 Civil Code, judicial practice is based on the ability to use the rules of the norm 161. However, this position among several authors raises doubts. The fact is that the provisions of the 161st rule apply to bilateral and multilateral treaties. At the same time, as stated above, the performance of the obligation is regarded as a unilateral transaction. Accordingly, the rules of Art. 159 (paragraph 1). In addition, even if we consider execution as a bilateral transaction, then in resolving the question of the form, paragraph 2 of the same rule should be applied.