Accessory obligation - what is it?

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2018-03-25 23:49:11

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Institute of the law of obligations constitutes the most extensive sub-sector the legal system. It includes the norms governing market relations that arise every day between businesses, nonprofit agencies and private individuals. Most disputes before the courts, associated with the repayment of the obligations. accessory obligation

Regulatory framework

In the civil code of obligations are considered as a category arising in the context of the relationship of creditor and debtor. The last under the agreement to carry out certain actions in favor of the former. They can be transfer of property, payment of money, the production/provision of services. The obligation may be expressed in the requirement to refrain from implementing certain actions. The lender takes these relationships a priority position. He may make a claim against the debtor.

The Concept of accessory obligations

It is revealed in the GC and is considered an additional, subordinate to the main terms of the contract. Entering into the transaction, the creditor often requires the debtor to guarantee Performance of obligations. Accessory The agreement acts as a kind of reserve. In the case of improper behavior of the debtor he guarantees the repayment of existing debt. Accordingly, it is possible to formulate the key features of which has a Accessory obligation. This

  1. Dependence on key terms of the transaction.
  2. The Formation of the external reserve repayment of debt.
  3. Presence of a security interest.

the performance of the obligations of the accessory

Specifications

Accessory obligation –, to put it simply, surety. Against him, the provisions of article 367 of GK. In norm, in particular, establishes:

  1. The termination of the existence of the principal debt shall entail the withdrawal of the guarantee. This is due to the fact that in the case of performance obligations, to ensure there will be nothing.
  2. Change the initial conditions leads to the withdrawal of the guarantee. With the exception of cases when the subject agrees to bear the corresponding liability.
  3. Transfer the debt has the right to refuse to be a guarantor.
  4. At the end of the period within which the principal obligation, the accessory also ceases to exist. In this case article 367 of the civil code provides a Statute of limitations. She entered to prevent conflict situations. For example, if the maturity has already occurred and the debtor has not taken action for repayment, the lender has the right to file a lawsuit within a year from the guarantor. If he claims the court is not sent, the accessory obligation is removed.

In addition, as a General rule, in case of recognition of the main contract is invalid, it will be considered and any additional agreement to it. Accordingly, this also applies to any accessory way of securing performance of an obligation. accessory methods of provision of obligations

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The Legal nature

Currently clear single interpretation of the definition of the category does not exist. GK only reveals its essence and defines the cases and rules of its application. Experts suggest several interpretations of the definition. Thus, some authors indicate that Accessory obligations, are, property, additional, special measures, the complex provides the parties in the event of a breach of the terms of the transaction. In this case they act as guarantor of agreements, primarily on the part of the debtor. Accessory obligation – measure used by the lender to protect their interest in the transaction. It performs an incentive function. In the interest of the debtor to repay the debt, otherwise the creditor is entitled to draw support in their favor. accessory method of execution of obligations

International practice

In foreign trade most of way of performance of obligations is used as an exceptional measure. Thus the connecting factor in the pledge agreements and surety agreements have an Autonomous character. In the international practice of Accessory obligation – an independent category. It exists regardless of the status of the principal debt. Accordingly, the separately determined liability and rights of subjects. Meanwhile, the main debt has an effect on the accessory obligation. This fact is reflected in a splitting of the connecting factors. Interaction principal debt under one order, and the additional – another. Liabilities that relate to deposits, penalties, concessions, covered by the same rules that a key component of debt. Status of obligations not covered by the requirement, which does not fall under the limitation period. They, in particular, act compensation health/life and others. accessory obligations are obligations

Accessory methods of provision ofobligations

The Legislation allows to apply measures in respect of debts arising under any transactions, non-contractual, contractual, monetary relations and so on. moreover, the accessory obligation can also be provided. For example, the guarantee can be guaranteed by collateral. The rules may provide for special rules, restrictions relating to the use of a particular method software. Options include the following safeguards:

  1. Salog.
  2. Zadatak.
  3. Poruchitelstvo.
  4. Uderzenie.

Neustoyka

It may be provided by the parties as security for the obligation. The key function of a penalty can be called the deliverance of the creditor from proving the amount of damages that should be compensated. This measure allows to compensate losses in cases where to evaluate them in monetary terms is not possible. Penalty – the amount to be paid regardless of the magnitude of losses. In addition, it is used in cases of improper performance of default, and the default. In fact, the penalty acts as a measure of the debtor's liability for violation of contractual terms. accessory method of securing the performance of obligations

Special category

Separately in the legislation are considered neccessary obligations. An example is a Bank guarantee. Neccessary liabilities do not depend on the principal, but closely related to it. They remain valid in cases of invalidity of the original debt. Bank guarantee is considered a relatively new method of providing. This measure is quite independent. The guarantee has an accessory character. The legislation specifies clear rules for its implementation. The guarantor is not acting as a responsible person. He is bound – the same as the debtor. In case of violation of contractual conditions, the amount of the payment which should make the guarantor, may be greater than the principal amount. the concept of accessory obligations

Conclusion

The Need to enforce the obligations are quite clear. Any lender wants to be sure that the debt to him be repaid. If the performance of an obligation provides the guarantor, that it needs to understand its responsibility and assume the consequences. The most common option is now considered collateral. Especially popular are the relationship between citizens and credit institutions providing mortgage. As security in such situations is the object of real estate. At the same time citizens can use and own, but before debt repayment it remains the property of the Bank. In the interests of the person as soon as possible to pay off with the creditor to remove the restrictions. Another option is the Deposit. It is used generally in transactions of purchase and sale. The Deposit is intended to guarantee the transfer of items, delivery of goods, etc.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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