“Questions of performance of obligations are of particular relevance at the present time: many economic difficulties have arisen in the courts is expected to increase disputes related to the performance of the obligations, – said the Chairman of the Association of lawyers of Russia Vladimir Gruzdev. Now that we are slowly returning to my old life, the time of settlement. This theme can be called eternal. In a period of economic growth and in times of difficulties will debate on the honouring of obligations”.
According to him, the adopted document explains in detail the legal mechanisms available to debtors to resolve their relationship with the lender.
for Example, the law allows to resolve the matter through compensation. As recalled by the Supreme court, “by agreement of the parties an obligation may be terminated by compensation – payment of funds or transfer of other property”. The debtor may offer to do something with their hands for debt.
“the Rules on compensation do not exclude that as compensation will be carried out works, rendered services or made a different provision”, the document says.
simply put, I feel that and pay will be unbearable, you can go to the lender to settle. Perhaps he will agree to write off debt for the debtor plowed the garden or the plaster walls in the office.
“But, as says the decree, if the proposed compensation is not consistent with the agreement of the parties, and in the absence of special instructions in the agreement – usually inadequate, the creditor is entitled to refuse to accept the inadequate compensation offered by the debtor, and to use the remedies established by law or contract in case of breach of the original obligation, – said Vladimir Gruzdev. In other words, if the debtor tries to provide poor quality item, the creditor is entitled to reject it”.
the lender has the right to refuse to take “nature”. For example, in the calculations of citizens with citizens or companies with the companies it is sometimes possible to negotiate about compensation in kind. But it is unlikely such a proposal will be interesting, say, bankers. As noted by the Advisor of the Federal chamber of lawyers of Russia Alexander bolomatov, it is impossible to require banks to accept property as compensation.
“All grounds for termination the obligations, except for the liquidation of the legal person, are subject to agreement of the parties, he said. – Establish a clear legislative and judicial positions in this area to protect the parties and the stability of the turnover. And therefore cannot be required to accept the Bank other property instead of money as payment on the loan without the consent of the Bank. But banks rarely deal with anything else but money. B��ncov is no infrastructure for effective implementation, for example, movable property. Because they don’t agree with adoption as a fulfillment of a monetary obligation of movable property”.
overall, he called the action a very interesting and touches on an important topic.
