ON THE ISSUE OF PARTIAL OBLIGATIONS PERFORMANCE

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ON THE ISSUE OF PARTIAL OBLIGATIONS PERFORMANCE

Journal Title: Часопис цивілістики - Year 2018, Vol 31, Issue

Abstract

The article is devoted to the study of issues related to the performance of partial obligations. As it follows from the content of Art. 540 of the Civil Code of Ukraine, each debtor is obliged to perform obligations in a certain share and accordingly does not bear responsibility for non-performance of obligations by other debtors. A lender in a partial liability may also require performance of not only an obligation, but only in a certain proportion. If the creditor has not received a performance from one of the debtors, he has no right to claim a loss from the other debtors. A passive partial obligation ceases due to its execution by all debtors. That is, if one of the debtors performs the obligation in its proper share, then it leads only to the fact that the creditor can not require him to perform any other duties. That is, even if one of the debtors fulfills its obligation properly, he is not insured against the adverse consequences for him if the debtors do not perform their obligations. However, in practice, there may be a situation in which a debtor shows a willingness to fulfill his obligations in full in a passive partial obligation. In this case, we can actually talk about two obligations: the obligations of this debtor, as well as the obligations of another debtor, which is another's obligation. In practice, a situation may arise where, in a passive partial obligation, one debtor will be willing to perform the obligation fully. In this case, we can actually talk about two obligations: the obligations of this debtor, as well as the obligations of another debtor, which is another's obligation. In this situation, the creditor is not entitled to accept such execution without the consent of other partial debtors, otherwise such execution will be considered inappropriate and the creditor - the one who acquired the property without a sufficient legal basis. If the debtor performs the obligation to one of the creditors fully, such execution will be considered appropriate only when other lenders have expressed their consent to it. In contrast to the joint and several commitments, in part does not provide for the performance of the debtor’s obligation fully in favor of one of the creditors. In this case, the creditor, who received such satisfaction, must return the debtor everything that was received excessively on the basis of Art. Art. 1212–1215 of the Civil Code of Ukraine as acquired property without sufficient legal basis.

Authors and Affiliations

Валентина Миколаївна Слома

Keywords

EP ID EP602461
DOI -
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