Recoupment is a way of ending an obligation. Article 409 of the Civil Code of the Russian Federation

Regulates the process of compensation art. 409 Civil Code of the Russian Federation. In the USSR there was something similar, but in the usual modern people the old norms were not used. For the first time such an opportunity arose with the release of the Civil Code, which successfully works on this day. Given the fact that there is no specificity in the current legislation, different people understand this rule in their own way. Worst of all, the courts also treat this issue in a variety of ways. A retaliatory obligation is a very important element of interaction between citizens or legal entities, which requires a clear understanding of all the features. In the following, various elements will be described that can be of significant importance for the correct drafting of a contract.

Definition

The compensation is one of the options at which the termination of the obligation can occur. Its essence lies in the fact that the parties concerned voluntarily decide on how and to what extent the existing obligations will disappear. This is relevant to those situations where it is no longer possible to fulfill everything that has been agreed previously in the right way. For example, a person was required to produce some work for the organization. In return, this company undertook to pay a specific amount. After everything was done, it turns out that the company does not have money. By agreement of the parties an agreement on compensation is drawn up, within which a person receives instead of money some products or equipment that the company has in excess. In the end, everyone is happy, as the organization got the right and paid off with what was not too important for its work. And the employee is satisfied because the cost of objects exceeds the amount of payment for work (or, such equipment was necessary for the person in principle).

Term and liabilities

So, it becomes clear that the compensation is a way of ending the obligation, in which both parties are satisfied, and the obligations disappear. But there are serious differences regarding timing and time. That is, it is not always clear whether the obligation disappears immediately after the agreements were reached and the relevant agreement was concluded, or, it is necessary to wait for the actual payment to be transferred. In many cases, this does not play a significant role, but in some situations such an element is of great importance. For example, there is an agreement that the car will be used as a compensation. The agreement has already been signed, but the owner still continues to use this technique. As a consequence, he still has obligations. They will disappear immediately after the transport specified in the contract will be transferred to the other side by all the rules.

Form and features of the transaction

As already mentioned above, the compensation is a contract. That is, it must be written in a certain form and, if necessary, registered. There are also many disputes on this item, because there is neither a legally approved form, nor a description of what needs to be indicated, and so on. That is, everyone, in theory, can make a contract of compensation as he likes it. Nevertheless, in practice, certain features were identified that must necessarily be present in the process of processing the document. Thus, the form must correspond to the type in which the original contract of obligations was drawn up. For example, if he registered with a notary, the same thing should be done with compensation and so on.

What should be in the document

As in the previous case, nowhere is it specified what exactly the document should contain. That is, it is absolutely not clear what data is required to be indicated, and which ones are absolutely not necessary in order to transfer the compensation. The Civil Code does not help here, but one can focus on the logic and practice of past litigations. So, regardless of the general form, the main factor required to be present in the document is the subject matter of the transaction itself. Since usually they are a certain amount or object, a clear and detailed description is required. With money everything is clear, it is enough just to indicate the quantity in the digital and alphabetic variant. To describe each note does not make sense. But with other objects everything is much more complicated. They need their complete and detailed description, taking into account all the features, distinctive features, perhaps - the cost of the object. Its location, color, weight, dimensions, manufacturer and much more may matter. Do not save on this. The more detailed information is about the object, the better.

The subject of compensation

According to the common practice, the compensation itself is money or an object. But the exact limitations in Art. 409 of the Civil Code of the Russian Federation is not specified. As a consequence, if there is no data, then there is no prohibition. That is, some work, services and so on can be used as a compensation. For example, let's take the previously described situation. The man did the work for the firm, but she can not pay the contract. In response, this company can provide some equipment, and maybe it is engaged in tourist activities and as a fee will offer a ticket to the resort. If the person is happy with it, then the commitments will be fulfilled. It should be noted that in practice such situations have not happened yet, but this does not mean that they were not at all. The matter simply did not reach the court, which positively characterizes the possibility of agreeing in a similar way.

Size and cost

In connection with the fact that the compensation is an agreement on the disappearance of obligations, it is not surprising that the key role here is played by the amount. The parties themselves agree on whether this particular item (service, money, etc.) will fully cover everything that needs to be done. For example, the cost of work that a person performed for a company is 100 thousand rubles. The company has 50 thousand, but the rest of the amount will be compensated by transferring a voucher to the resort. That is, in fact, the compensation here is only 50,000 rubles, and the rest will be paid in money equivalent, as previously agreed. Depending on many factors, the parties to a contract can both completely close all obligations, and significantly reduce them.

Possibility of postponement

Ways of termination of obligations through the transfer of compensation are generally similar to each other. But there is one point that can greatly influence the transaction itself and its conditions. For example, by agreement, the company must transfer the car to another person in order to fulfill its obligations. But under the terms of the deal it is clearly stated that this will happen only after the person pays the difference between the debt of the company and the price of transport. Another option - the machine will be transferred only after 1 month. These are all options for deferrals. 51 FZ implies this possibility, but directly this, again, is not written anywhere. In any case, there are no legislatively approved time limits or other conditions. Everything depends on the contracting parties.

Transfer Process

In most cases, the termination of the obligation occurs only when the compensation is transferred. This is a necessary condition. Mechanically, this process can be very diverse. If you give home appliances, you just need to transfer it from one place to another and give all the technical documentation, warranty and so on. But with the transfer of shares or real estate situation can be much more difficult. There will already need notary services, state registration and so on. In some cases, the delay in the transfer directly depends on the complexity of performing all the necessary actions for this. In other situations, this opportunity gives a chance for a revision of the arrangements for the better. There can be a lot of options, and everything depends directly on the contracting parties.

Interconnection

The contract on compensation, concluded by agreement of the parties, directly depends on the document on which the obligations originally arose. The inverse relationship is also correct. For example, even after signing the contract on compensation, the interested person could find a way to fulfill his obligations under the initial agreements. In this situation, the person does not owe anything to anyone. That is, the contract on compensation is no longer valid. Naturally, if the subject of the transaction has already been transferred, then there are no obligations either. But if you terminate the contract on compensation, then the debt will not be considered extinguished. As you can see, the primary obligation is still the original commitment. Only on its basis, you can try to deal with the problem with the help of compensation.

Existing limitations

Norm 51 FZ does not imply any prohibitions that may be imposed on the subject of compensation. That is, in theory, the person concerned can transfer absolutely everything that it owns. In practice, it is necessary to take into account other elements of the legislation. For example, you can not give an apartment, in which there are several owners at once without their permission. This applies to absolutely everything. Naturally, you can not use prohibited substances (drugs, weapons, etc.) as an object of compensation, unless the contrary is stated in the law. First of all, one should proceed from the reasonableness of the transaction from the point of view of logic and the knowledge of legal documents about which a person has at least a basic idea. It is recommended to use the services of notaries and other similar specialists.

Ban

The ways of termination of obligations are at least directly and not limited, but in practice they have some prohibitions. They all depend on other norms of legislation. Thus, in accordance with Federal Law No. 127, it is impossible to resolve the problem of obligations with compensation in the event that there are several creditors at the same time, and only one of them is given preference. For example, a firm goes bankrupt. It owes money to enterprises "A", "B" and "B". In the framework of the contract on compensation, all equipment is transferred to the ownership of company "A". That is, "B" and "B" receive nothing. It is not right. By decision of the court, the equipment will be sold and all the amount received for this will be divided among all creditors in accordance with various factors.

The second variant is based on FZ No. 13. Here, the conversation is about municipal or state property, which is simply not allowed to anyone. Even in the framework of fulfilling obligations. Another similar moment regulates art. 877 of the Civil Code. It says that you can not count as a check check for a certain amount. This is due to the fact that it may be invalid. So fraudsters can act, offering a real check to the account, on which there is no money or not enough. Only after the money is received in the hands, the obligations can be considered fully executed (or partially, depending on the amount).

Results

So, proceeding from all the above, termination of the obligation to offset by two interested persons is an important type of relationship, allowing to resolve complex and / or controversial situations. Thanks to the ability to legally exchange items, equipment, real estate, transport, services and so on in the fulfillment of their obligations, a more stable situation in the society is ensured. This is a useful feature that gives a chance to get out of an unfavorable situation with fewer losses, which may not be possible by any other method.