LEGAL NATURE OF CONTRACTS OF THE TRANSLATION OF A DEBT
Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue
Abstract
The author considered questions of the legal nature of agreements of the translation of a debt. Contractual legal relationship among which the delegation hold specific place by the agreements and have a great influence on development of civil regulations in the conditions of the goods circulation. By the general rule of the liability on the delegation within civil legal relationship, arise based on contractual relations. In article, it is proved that the subject structure of the agreement of the delegation as dispositive fact is provided usually by two parties and subject structure of a contractual commitment on the delegation by three as content of contractual legal relationship doesn’t match contents of theagreement. The author notes that the possibility of participation of the creditor as the parties in the liability is determined only in case the agreement on the delegation signed between the creditor and the new debtor with coordination of this agreement by the initial debtor; however, the regulation is characteristic talc to separate systems of law. The author proves feasibility of fixing of a regulation concerning the subject of the agreement of the delegation as the essential term of the contract in the civil legislation in which rules about amount of the delegation and the extent of responsibility and also distribution of a scope of responsibility in case of lack of the arrangement in this respect will be determined. In article it is proved that when delegation concerning property it is necessary to consider its quality characteristics as it shall be identical, as well as in the liability between the creditor and the initial debtor. The author researched a question of a possibility of distribution of a subject of the liability and a clause of scoping of an initial debt by the parties. Reasonably difference of the delegation to parts and incomplete replacement of the debtor or joining of the debtor as methods of the delegation. The scope of responsibility of the initial and new debtor will be difference in the specified cases. Theoretical provisions supported with standard material from the domestic existing civil legislation.
Authors and Affiliations
Іван Олександрович Костяшкін
Keywords
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