St. 367 of GK of the Russian Federation "Termination of sponsorship": comments, punishment

Rules for termination of the guarantee and its features are established in article 367 of the civil code. Normal defined General cases of this procedure. Consider the key provisions of the Article 367 of GK of the Russian Federation.

Termination of the guarantee

It has a number of specific features. General rules are in section 1 of article 367 of GK of the Russian Federation. The provisions indicate the following. The guarantee is automatically released upon termination of the commitments, which was provided to them. The latter can take place when the liquidation of the debtor upon presentation by the lender's requirements. In this case, the termination of sponsorship does not occur. Claims may be made in a judicial or other procedure established by law. In some cases, the principal obligation may be partially secured by a guarantee. In such situations, partial execution will be credited towards unsecured debt. Between subjects, there can be multiple obligations. However, only one of them can be ensured. If the debtor is not indicated what kind of commitment it pays off, it is considered that he performed unsecured.

Change of terms

Second Paragraph Article 367 of GK of the Russian Federation provides for the retention of the obligation in its original form if it has been amended without the consent of the debtor. This also applies if the change resulted in an increase in liability or unfavorable consequences. The contract between the parties may provide previously expressed consent of the debtor to be responsible to the new conditions in case of adjustments to obligations. In this case, you must determine the limits within which the subject is ready to answer for the debts.

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The Translation of liabilities

It serves as the grounds for the removal of the guarantee. If this should occur the following condition. Termination of sponsorship is allowed in the translation of the debt, if the person within a reasonable period of the date of issue of the notice have not consented to continue to answer for the new debtor. Response to the notice must be explicit and make it possible to determine the circle of entities, the translation of the debt on which a surety will be saved.

Details

Paragraph 4 of article 367 of GK of the Russian Federation explained the situation connected with the death or reorganization of the debtor. In this case, the entity required to meet the obligations in his place, continues to bear the corresponding responsibility. If the creditor refuses to accept proper performance offered to him either by the debtor or additional party to the contract, the surety shall be terminated.

Term

The Person who is responsible for the obligations instead of the debtor upon the occurrence of specified conditions, in accordance with Article 367 of GK of the Russian Federation, is no longer responsible at the end of the period stipulated in the contract. In some cases, subjects do not set such a term in the agreement. In these situations, the termination of the guarantee occurs, if within a year from the date of the date of execution of the obligation, the creditor does not submit claims to the surety. When the term is not defined and cannot be installed at the time of the claim, the period for claims is increased to 2 years. In the case of submission by the lender the requirements for early repayment of obligations duration of the guarantee is not reduced. It is defined in accordance with the terms of the original contract.

St. 367 of the civil code with comments

The obligation of the entity which is responsible for the debtor upon the occurrence of agreed conditions, liquidated upon repayment of principal. In this situation, the collateral is no longer, accordingly, the relations concerning him, also cease to exist. A person accepts the obligation to carry to the creditor, the liability of any other person in accordance with the terms of the secured debt. Such relationships are usually based on a certain confidence between the direct debtor and the subject paracusis for him.

Important

Article 367 of GK of the Russian Federation is established that the conditions of liability of the obligor for the debtor upon the occurrence of certain circumstances, persist, if he was not notified about the changes made to the agreement by the lender. Otherwise, have violated the rights of a third party. If the modification of an obligation would be allowed without the consent of the subject, and its liability would be increased, it would lead to the deterioration of the third-party entity. Applying The article 367 of GK of the Russian Federation, judicial practice in such situations is guided by section 308 (p. 3).

The Specifics of the subject composition

Article 367 of GK of the Russian Federation allowed the transfer of an obligation with notification of the person responsible for its execution directly by the debtor. In this case, the value is the property status of the person who enters into a relationship, its reputation, ability/inability to respond to the creditor. Accordingly, the guarantor may not agree to remain as such. However, note one caveat. In accordance with the provisions of article 391 of the Code, a transfer by the debtor is allowed only with the consent of the lender.Accordingly, he wants to stop the sponsorship, does not give him or gives, but after the adoption of the guarantor obligations to be responsible for new member relations.

Failure of execution

A Subject that is liable to the lender liable for the due repayment by the debtor, in case of violation of the terms of the transaction past pays a fixed amount. If it was suggested execution, but it was not accepted, such behavior is illegal. The repayment obligation must be recognized as appropriate. Accordingly, a person who is a guarantor is released from liability. The main contractor of the obligation serves the debtor. The repayment is allowed to assign to a third party if the law or other normative acts, the substance of the relations or conditions of the transaction provides otherwise. As a third-party entity may be and the guarantor. In this case, his status would be somewhat different. It will act as any person performing the obligation of repayment of principal for the debtor. In this situation, the creditor should accept performance. If he refuses, the order shall be terminated.

Explanations

The Guarantor, at the proper performance to the creditor, legally creates obstacles to the occurrence of circumstances that would lead to his commitment. In this case, it acts instead of the debtor. The obligation may provide for only the payment of money. However, the legislation admits the possibility of the guarantor to offer the lender the repayment of other debt (non-cash). The surety, acting for the debtor, does not have to the proper performance of nothing. Its role is expressed only as a result of debt repayment. The right to perform the obligation provided for only in respect of lender.

Specifics of calculation terms

In any, including ancillary obligation shall be the exercise period. There is no perpetual debt. Periods of performance of the obligation stated in paragraph 6 Article 367 of GK of the Russian Federation. The Term may be definite or indefinite. In the first case it ends will result in termination of sponsorship. When you establish a period during which the person will be responsible for the result of the repayment by the debtor of the principal obligation, should be based on the period that is set for execution. Let's consider an example. For example, for performance of an obligation establishes a period of six months. The surety expires earlier. In this case, it would not be considered as security for the performance of obligations. If the contract between the creditor and the debtor a deadline, and the agreement of sponsorship – not, the duration of the last is determined by the initial conditions of the transaction.

Appearance responsibilities

The Guarantor repays the debt from the day on which the principal debtor has not fulfilled or improperly fulfilled obligation. This moment is considered the date of occurrence of obligations. If the deadline has already occurred, and the debtor has not taken appropriate action, the guarantor shall do so for him. This also applies to cases of reorganization of the company or the death of a citizen. This rule sets out in clause 4 of article 367 of GK of the Russian Federation. To exclude legal uncertainty in the rate introduced the Statute of limitations.