Ways to ensure liabilities

Obligation - the obligation to commit an action aimed at the performance of work, transfer of property, payment of services in favor of another person. At the same time, in all economic contracts of the Russian Federation, rights and obligations arise from both sides. The concept of performance of obligations contains an action whose main purpose is the strict observance of the terms of the business agreement in accordance with all clauses (price, quality, delivery terms, etc.).

Obligations can be simple and complex, personal and not, main and additional, property and non-property. Depending on the objectives pursued and the tasks to be accomplished, they are divided into two subgroups. These are regulatory obligations and are protective. The former are used in ordinary simple contracts. The protective obligations are aimed at eliminating possible violations in property turnover and their adverse consequences. It is a commitment to harm and unreasonable enrichment.

Types of obligations in civil law differ primarily depending on their legal relationship. A simple obligation arises with a bilateral loan agreement. When one party (the creditor) acquires rights, and the other (the borrower) - the duties. In such contracts there are rights and obligations on both sides.

A complex obligation usually arises in tripartite business contracts. At the same time, the corresponding rights and obligations arise from three parties and are mandatory for implementation. Obligations are divided into personal and not. With those associated with a particular person, the death of the defendant terminates his obligation. In other cases, duties on the right of succession are transferred to other relatives. For example, the obligation to return a money loan goes to the children or other relatives of the deceased, but only in the amount of property inherited by them under the law. There are also other obligations in favor of the beneficiaries (third parties). An example of such property relationships are trust management agreements. Commitments can be shared and joint.

Depending on the ultimate goal of the contracts, the obligations are divided into the following types: transfer of any property to property or short-term and long-term use; On performance of works or on rendering various kinds of services; On joint activities.

Ways to ensure liabilities Are also provided for in Article 329 of the Civil Code. This is a pledge, forfeit, surety and others. Which of the listed species will be used, is necessarily reflected in the contract. And their main task is to stimulate the debtor to full implementation of all obligations assumed. The methods of securing obligations are applied to the debtor and come into force in case of failure to fulfill its obligations under the contract or if the quality of the fulfillment of certain conditions of the bilateral agreement is improper.

The penalty is paid by the debtor to the creditor in a certain amount of money in accordance with the concluded contract in addition to the principal amount of the existing debt. It is the security of the accepted obligations on the part of the debtor, but also at the same time shows the amount of compensation for the creditor in case of default on the part of the borrower.

The pledge makes it possible to satisfy your demands at the expense of the property of the pledgee. Pledge agreements as a subject matter may have property or claim rights.

Despite all the available ways of securing obligations, their timely implementation depends on various external and internal factors. And in the first place - this property position. It can not always be stable. And if the borrower's affairs go badly and business projects suddenly for some reason are suspended, then in such cases, he will not be able to pay off his principal debt. And about the penalty and do not have to say. Therefore, surety, as a different guaranteed alternative in the form of security of obligations, is more attractive for businessmen.

All these ways of securing obligations differ significantly from each other in the degree of their impact on the debtor and the measures taken to achieve their legal goal. Therefore, it is extremely important to choose the most optimal variant of securing a contractual obligation when concluding an agreement, because this will depend on the reliability of the contract as a whole.