Termination of obligations in civil law

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2019-06-24 23:00:20

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In the civil law, the relationship of the parties in society are based on contractual relationships. In the result, both parties acquire certain rights and related obligations under the agreement. And Chapter No. 26 of the Civil Code clearly provides the grounds for the termination thereof.

What is the commitment? It is a contractual relationship, according to which One party must perform in favor of the opposite some action. An example for the fulfilment of obligations are the following: the transfer of goods, property, works and services, payment of money or otherwise. Moreover, the performance of any contract obligations arise on both sides. The negative effects of various life circumstances it is also envisaged that involves the termination of obligations in the civil law under certain conditions. Circumstances when performance of the contract under the influence of external factors may change drastically, creating different grounds for termination of obligations under the agreement.

Termination may be by mutual consent of the parties. This is the full performance of the contract (article 408), offset obligations (article 410), compensation (article 409), innovation (article 414), debt forgiveness (article 415). Termination of obligations possible, regardless of the will of the parties. It is impossibility of performance of the obligation (article 416), the state act (section 417), the merger and the debtor and defendant in one person (article 413), the death of one of the parties (article 418) and the elimination of the subject (article 419).

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The Full execution of the contract involves the implementation of all points in a proper way, on time and in full.

The Competition involves the termination of obligations in full or in part by filing a counter-claim. It is possible if the deadline has already occurred or the contract provides for a certain moment of his vindication. For counter offset requirements in the civil code, sufficient notice of one of the parties. It is not allowed to offset obligations in the event that the Statute of limitations on a claim for compensation of damages to human health, for the recovery of child support and cash for annuity.

Compensation is a contractual agreement of the parties, which obligation may be terminated instead of other proprietary rights. In this case, it can be terminated by payment of cash or transfer of property assets, etc. All of the criteria for compensation, and that the size, specific time, quality and quantity, the General order of transmission is established and agreed by the parties in writing.

Innovation – replacement of the original obligation to others, which is based on another object or to return and repayment. It can't be made in case of presentation of obligations for alimony or for compensation of harm to the life of the victim.

Debt Forgiveness also relates to methods for the termination of any obligations. The lender of his will frees the debtor from obligations in respect of the assets. Debt forgiveness as termination is possible if the action does not violate the rights of third parties.

Termination of obligations outside of the will of the parties

The Termination occurs outside of the will of the parties in the contract or otherwise, upon the occurrence of force majeure, when there is the impossibility of actual performance. It can be exceptional circumstances such as floods or other natural disasters, but also and military action. To the termination of the commitments in the contract can lead and individual acts of state bodies. Both sides can claim compensation for losses incurred in connection with such decision. Termination is possible at the confluence of the debtor and creditor in one person. The death of a civilian, which shall be paid alimony or paid in cash damages, can also serve as a basis for this. Upon liquidation of the legal entity should be the termination of the commitments.

 


Article in other languages:

AR: https://tostpost.com/ar/the-law/18026-termination-of-obligations-in-civil-law.html

BE: https://tostpost.com/be/zakon/34586-spynenne-abavyazacel-stvy-gramadzyansk-m-prave.html

DE: https://tostpost.com/de/das-gesetz/34279-beendigung-der-verpflichtungen-im-zivilrecht.html

ES: https://tostpost.com/es/la-ley/34142-el-cese-de-las-obligaciones-en-el-derecho-civil.html

HI: https://tostpost.com/hi/the-law/19675-termination-of-obligations-in-civil-law.html

JA: https://tostpost.com/ja/the-law/17684-termination-of-obligations-in-civil-law.html

KK: https://tostpost.com/kk/za/34896-m-ndettemen-to-tatu-azamatty-y-ta-y.html

PL: https://tostpost.com/pl/prawo/35948-wyga-ni-cie-zobowi-zania-w-prawie-cywilnym.html

PT: https://tostpost.com/pt/a-lei/35748-cessa-o-da-obriga-o-no-direito-civil.html

TR: https://tostpost.com/tr/hukuk/31319-sonland-rma-y-k-ml-l-medeni-hukuk.html

UK: https://tostpost.com/uk/zakon/35125-pripinennya-zobov-yazannya-v-civ-l-nomu-prav.html

ZH: https://tostpost.com/zh/the-law/6969-termination-of-obligations-in-civil-law.html






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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