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2.4. Occurrence of the new legal bond between the debtor and the third The person

One of preconditions and the bases of participation of the third party in execution of the civil-law obligation is interest in occurrence of the "new" legal bond (the "new" obligation) between the debtor and the third party in which the third party becomes the creditor.

As feature of realisation of interest of the third party, which result occurrence of the new legal bond acts, that the third party, as a rule, is not connected with one of the parties of the basic obligation any legal communication is. Interest achievement occurs:

-At execution of the delayed liability for the debtor;

-Way of fulfilment of actions to another's interest without the commission (chapter 50 GK);

-At execution of obligations of the debtor by the third party in bankruptcy procedure (item 113 FZ About an inconsistency (bankruptcy)).

The first case represents putting on of execution of the obligation, with that feature, that it is preceded by loan making contract between the debtor and the third party. As earlier, the loan treaty provision about transfer of object of a loan to other, than to the debtor already was marked, to the person does not contradict the legislation, and execution of this condition will be appropriate execution of a contract of a loan.

In point 2 of item 313 GK the Russian Federation the list of the bases in which the third party has the right to execute the obligation irrespective of putting on of execution and without notice the third party is fixed, and the creditor has a duty to accept such execution. According to this point if the debtor did not assign obligation execution to the third party, the creditor is obliged to accept the execution offered for the debtor by such third party in case the debtor liability delay in performance is admitted. We will consider execution by the third party of the delayed liability for the debtor.

As marked K.P.pobedonostsev, the third party can make execution of the obligation of the debtor before the creditor to buy from the creditor the obligation and to enter on its place. [147] theoretical approach about unconditional possibility of execution by the third party for the debtor of the liability has turned to the rule established by the legislation. An important point is that, execution of the liability for lack of any putting on agrees подп.1 item 2 of item 313 GK the Russian Federation at a duty of the creditor to accept such execution probably only at liability delay in performance. Dynamics of the obligation at execution of debtors of a duty of the debtor in the monetary delayed obligation looks as follows: at discharge of duty of the debtor by the third party, the basic obligation stops or the cumulative size of a duty of the debtor changes, and there is a new promissory note already between the third party and the debtor. At the same time, such position entered by the legislator without any restrictions, can entail infringement of the rights of the debtor.

So, a legislative design podp. 1 items 2 of item 313 GK the Russian Federation is formulated so, that the creditor is not obliged to enquire about those motives or the bases according to which the third person makes execution. Judiciary practice [148] adheres to the same opinion also. At the same time, such position causes bewilderment. As has specified the Supreme Arbitration Court of the Russian Federation in the Decision of Presidium YOU the Russian Federation from 28.10.2010 № 7945/10 on business № А40-66444/09-3-599, the execution made by the third party for the debtor, the rights and legitimate interests of the debtor should not be broken.

[149] However, in the same Decision approving about defect of authority on check of the bases of putting on (and it is equal also other bases according to which the third party carries out execution for the debtor), the court contradicts to itself as it is impossible to be convinced that made execution will not break interests of the debtor, not having checked up the basis of putting on of execution or absence of that that any diligent creditor should make. Thereupon the position stated in the specified Decision, it is not based on the law and contradicts fixed in GK the Russian Federation to a principle of conscientiousness of participants of the civil circulation.

The legislator also does not solve a question, whether presence of any legal bond between the debtor and the third party till the moment of the beginning of execution is necessary for the last of the obligation. Proceeding from interpretation of the above-stated norm, it is possible to come to conclusion, that the legislator the consent or the subsequent approval of the debtor to execution by the third party of the delayed liability does not undertake in calculation. Moreover, the will of the creditor in this connection liability execution can be made and besides its will is not considered also. [150]

However execution of liabilities for the debtor without its consent in any case is represented unreasonable, and opening road to misuse of right to unfair participants of the civil circulation. For example, execution kollektorskim agency of the obligation of the debtor will entail occurrence of the new obligation, frequently with conditions less favourable, than what existed in the initial obligation. Moreover, the legislation does not forbid the bank organisations to execute a duty of the debtor before rugoj the bank organisation that can lead "perekidyvaniju" the client from one bank in another. Thereupon it is necessary to limit a circle of subjects which have the right to execute the delayed monetary duty of the debtor. Now judiciary practice proves to be true, that the adverse title on execution of the liability of the debtor is not absolute. So, if as a result of execution of the liability of the debtor by the third party the creditor deprived against its will of the incorporeal right to the debtor, has lost possibility to influence a course of procedure of bankruptcy, third party actions can be qualified as misuse of right. In that case the creditor does not have duty to accept the offered execution. [151] to "absurdity" of norms of new edition of item 313 GK the Russian Federation has paid attention and A.V.

Egorov, noticing, that the third party which is buying up a debt at the creditor besides its will, itself becomes to the place of the creditor, and at whom it has bought up a debt, appears the third party in relation to the given obligation. If formally to interpret item 313 GK the Russian Federation - there are no obstacles to that the former creditor could buy up this debt and as a result never-ending circulation of payments in the nature [152] turns out.

It is necessary to delimit execution of the obligation by the third party and a concession incorporeal rights (cession), financing under a concession of the monetary requirement. At them there is no discharge of duty of the debtor, and, actually, there is a repayment the third party of the incorporeal right of the creditor to the debtor. [153] this repayment is based on the agreement of the initial creditor and the new creditor and, under the general rule, carried out without the consent of the debtor, thus, as V.A.Belov marks, the general legislative rule about the form of the contract suktsessii (active cession or an incorporeal right concession) the rule about writing of its form should be singular, and the dependence theory should be applied only to contracts of a concession of the requirements which have arisen from transactions, concluded in the form of more strict, than written. [154] that the incorporeal right concession occurs on the basis of the agreement, i.e. Mutual consent of the parties, the Russian Federation as execution by rules подп.1 item 2 of item 313 GK the Russian Federation does not demand neither the preliminary agreement of the debtor and the third party, nor the debtor and the creditor, the creditor and the third party is the basic difference of cession from execution by the third party of the delayed liability of the debtor as it should be подп.1 item 2 of item 313 GK. At making agreement about cession the creditor can refuse a concession, but at discharge of duty with use of the mechanism provided подп.1 item 2 of item 313 GK the Russian Federation, the creditor does not have possibility of refusal of acceptance of execution. Besides, dynamics of the obligation in case of cession will be expressed not so much in dynamics of volume of the rights and duties of subjects, how many in dynamics of subjects, i.e. there will be no change of the size of a duty of the debtor, there will be only a change of persons in the obligation.

In spite of the fact that third party actions can be made from the legal point of view in interest of other person (the debtor in the basic obligation), at fulfilment of actions in another's interest without the commission it is impossible to exclude an element of interest of the third party in realisation of such actions. Feature of actions in another's interest without the commission consists that the person not always has a direct interest in legal bond occurrence between it and the debtor, in some cases, this interest can arise after fulfilment of actions. The position according to which the person making actions in another's interest without the commission, on sense of positions of the legislation, first of all should not have own interest in fulfilment of the specified actions Is represented doubtful. [155] actions of any subject of law are based on its internal promptings, including on its interest in debt occurrence on the party of the person in which interest it makes actions. Even in the event that interest gestora does not carry property character in the form of compensation reception, interest is shown in an establishment of the new legal bond the gestor-debtor.

Actions in another's interest without the commission are known to the right since times of Ancient Rome as negotiorum gestio. [156] In the Russian right the independent

The obligation arising from actions in another's interest, long time was absent, though separate kinds of similar actions were covered by rules about making deal consequences the unauthorized representative (item 63 GK RSFSR 1964) and about compensation of the harm suffered at rescuing

Socialist property (item 472 GK RSFSR 1964). In due time O.S.Ioffe underlined, that for occurrence of such obligation it is necessary, that the property was threatened with danger of destruction or a loss in sense not only physical destruction, but also misappropriation, danger should be real, instead of imaginary, cash, instead of probable. [157]

For the first time the institute of obligations from actions in another's interest without the commission has been fixed in item 118 of Bases of the civil legislation of USSR and republics from May, 31st, 1991. [158] according to norm of this article following bases of occurrence of the obligation from spontaneous agency were fixed: transaction fulfilment in interests of the person without power; prevention of real threat of a damage to property of other persons in the conditions excluding possibility of the prevention of such threat. Now the institute of actions in another's interest without the commission is settled by norms of chapter 50 GK the Russian Federation.

As the parties of legal relation from actions in another's interest without the commission act gestor (the person operating in another's interest) and dominus (the person, in whose interest operates gestor). Actions in another's interest without the commission, according to item 980 GK the Russian Federations, admit actions gestora, made without the commission, other instructions or in advance promised consent of the interested person, dominusa, with a view of prevention of harm of its person or to property, executions of its obligation or its other not illegal interests, made gestorom proceeding from obvious benefit or advantage and the valid or probable intentions of the interested person and with necessary on circumstances has put care and discretion. Despite wide scope of actions which can be made in another's interest without the commission, within the limits of the present research those actions which are connected with execution of already existing obligation between the debtor (dominusom) and the creditor will be considered only. Thus it is necessary to notice, that gestor can execute not only contractual, but also a certain circle of non-contractual obligations.

The civil legislation regulating actions in another's interest without the commission, does not establish restrictions on subject structure, hence, operate in another's interest legal bodies can with equal reason both physical, and. At the same time, possibility of action of the legal person in another's interest without the commission is limited by its constitutional instruments, and also requirements of presence of the licence of the activity realisation which part are these actions. So, execution of the contractual obligation of delivery or other enterprise contract the noncommercial organisation if it contradicts the purposes of its activity is represented impossible. The exception from among subjects is fixed by the legislator for public authorities or the local government which subject of activity is connected with actions in another's interest without the commission and is one of the purposes of their activity, and also correspond to the purposes of formation of the given body.

The essence of institute of action in another's interest without the commission consists that as a result of the action made in another's interest there is an obligation which maintenance is the duty of the interested person (dominusa) to refund the suffered expenses to the person who has made such actions. However in a science it is not developed the uniform approach in definition of the legal nature of actions gestora. D.A.Balykin allocated actual actions (legal acts) or the odnostoronne-obliging transactions made one faced to obvious advantage other of person, attracting occurrence of obligations kvazideliktnogo or kvazidogovornogo character. [159] the statement that on legal nature of action in another's interest without the commission represent a version of self-defence of the civil rights Is represented disputable. [160] first of all it is connected by that right self-defence is carried out by the subject on its own behalf and the means. [161] Unique case in which it is possible to consider actions gestora as self-defence of the rights, is actions of the person with a view of preservation of the property sphere, however in that case it is represented to speak incorrectly about actions in another's interest without the commission. Made gestorom actions can be both actual, and the legal maintenance. Thus actual actions represent legal acts, and legal acts - transactions. [162]

Proceeding from legislative definition of actions in another's interest without the commission, for a recognition of the person operating in another's interest without the commission and generation of corresponding legal result, observance of set of the conditions fixed in the law is necessary. First, absence of the commission given to the third party, instructions on fulfilment of actions, or in advance promised consent (data prior to the beginning of fulfilment of actions) on these actions. According to E.O.Haritonova, the consent should not be given in advance, and also should not be given during activity realisation in interests of other person. [163] hence, gestor it is meant operating carelessly on dominusa, thus last does not know and should not know that gestorom actions in its interest are made. These are rules does not extend on cases when actions are made at presence gestora, for example, at rescue of its property or him. At non-observance of this condition of action gestora it is necessary to consider as the actions made to execute the commission, and in that case there will be no legal relation from action in another's interest without the commission. Thus, actions in another's interest without the commission mean absence of contractual relations between gestorom and dominusom concerning actions which have been made gestorom, otherwise there are no bases for application to such relations of position G razhdanskogo the code, applied at actions in another's interest without the commission. Secondly, actions gestora should be made proceeding from obvious benefit or advantage and the valid or probable intentions of the interested person, otherwise there are no relations from actions in another's interest without the commission. It is difficult enough to define criteria of "validity" or "probability" of intentions dominusa. It is represented intentions and interests by which any reasonable person in a concrete situation is guided. The Russian Federations the expenses suffered by the person not in another's interests do not come under to compensation by rules of Chapter 50 GK, and is exclusive in own, for example, in case of improvement of the property given to it under the rent contract. However item 987 GK the Russian Federation the rule according to which if the actions which directly have been not directed on maintenance of interests of other person, including in a case when the person who has made them wrongly assumed that operates in the interest, have led to unjust enrichment of other person is fixed, rules about unjust enrichment are applied. Thirdly, actions should be made with necessary on circumstances has put care and discretion if this condition is not executed dominus can demand at gestora to compensate damnified by its actions. Fourthly, as marked M. And. Braginsky, actions of the person should be made voluntary and at his expense. [164] Fourthly, proceeding from interpretation of item 981 GK the Russian Federation, at gestora at the moment of the beginning of actions in interests dominusa should be absent possibility to receive the consent dominusa on fulfilment in its interests of actions.

It is necessary to define limits of actions gestora at participation in the obligation execution which party is dominus. Chapter 50 GK the Russian Federation does not limit a circle of obligations which can be executed gestorom, however approve, that it can execute any obligation dominusa, it is incorrect, as there are obligations which the initial debtor of the basic obligation can execute only, both owing to the law or the contract, and owing to its personal qualities. The parity of norms of Chapter 50 GK the Russian Federation with norms about execution of the obligation by the third party represents certain interest. Obligation execution gestorom submits to only separate rules of item 313 GK the Russian Federation as actions gestora differ from the cases provided by points 1 and 2 items 313 GK the Russian Federation. Difference of actions gestora from third party actions to which obligation execution is assigned, is, first of all, absence of the legal bond between it and the creditor and, accordingly, absence of putting on according to item 1 of item 313 GK the Russian Federation. Danger of loss of the rights to property of the debtor represents the special basis of intervention of the third party pursuing other interest, in and the civil-law obligation. Actions gestora fall only under a case settled by subitem 1 of item 2 of item 313 GK the Russian Federation, connected with voluntary execution of the delayed liability of the debtor. As actions gestora are undertaken under own initiative, unlike the third party actions, carrying out execution of the assigned duty, the creditor only has a right to accept offered gestorom execution.

Taking into consideration general rules of execution of the obligation the third party, execution gestorom as monetary, and nedenezhnyh, such as work performance, execution of obligations on transfer of things to the property is obviously possible, thus the moment of execution by the debtor of the obligation should attack the moment of actions in another's interest.

Possibility of execution of the liability gestorom does not cause doubts as money is special object of civil law, generic and possessing raised oborotosposobnostju, therefore the creditor cannot have objections concerning an execution subject. Execution of the non-contractual obligations which have arisen in connection with property tort or in connection with unjust enrichment is admissible. It is obviously possible as well execution of tort liabilities to health despite the special order of execution of such obligation established by the legislation, the debtor of payments providing personal execution. As such obligation by the nature and a subject is monetary, to the creditor is indifferent, from whom exactly discharge of duty of the debtor - from it or from the third party having interest in dynamics of this obligation will proceed.

Concerning execution gestorom nedenezhnyh, it is necessary to notice, that execution of obligations from contracts on transfer of the things defined by generic characteristics, for example, under the contractual obligation of delivery as such things legally are zamenimymi without reserve is possible, unlike the specific things which are legally irreplaceable and which cannot appear in possession gestora. However a number of obstacles can arise at execution gestorom obligations of personal character which can be executed in the presence of due skills at gestora, for example, obligations on rendering of services of the tutor, thus on such execution the consent of the creditor is necessary. At the same time, execution gestorom the obligations inseparably linked with the person of the debtor, for example, from the contract of the author's order is impossible, at absence at gestora similar skills or knowledge, and the transactions which execution, according to the law, the debtor can make only.

At discharge of duty for the debtor gestorom, the creditor is obliged to be convinced, that gestor has the right to execute a corresponding duty (for example to be convinced available at the legal person of the right to fulfilment of such actions).

However, as actions in another's interest are characterised by absence of the commission or any consent to executions of such obligation provided that gestor is the appropriate subject, the creditor does not have bases for refusal in acceptance of appropriate execution.

As besides fulfilment of actual actions, gestor can make and legal acts, including transactions, the law settles fulfilment consequences gestorom transactions in which result there will be a new legal relation. According to item 986 GK the Russian Federation, the rights and duties under the transaction concluded in another's interest, devolve on, in which interests it is made, under two conditions: 1) approval dominusom the transaction and 2) if other party does not object to such transition or at making deal knew or should know that the transaction is concluded in another's interest. We will especially underline that circumstance, that if the party knew that bargains with gestorom, operating in interests dominusa, will expression on transition of the rights has no jural significance as such expression matters only in the event that the party did not know that the transaction makes in interests dominusa.

Theoretical difficulties arise with definition of the nature of the obligation arising in connection with actions in another's interest without the commission. It is represented, that in case of approval dominusom, actions in another's interest without the commission occurrence kvazidogovornogo generates obligations [165] to which rules about the contract of agency or other contract corresponding to character of undertaken actions are applied. However in case of disapproval of actions gestora, on the party dominusa there is the non-contractual obligation which maintenance is the duty under the reimbursement, suffered gestorom in connection with fulfilment of actions in interest dominusa.

It is necessary to notice, that transaction approval gestora on the legal effects is similar to approval of the transaction concluded by the unauthorized person or made at excess of power. Differences consist, first of all, in procedure of transition of the rights under the transaction to the approving person. At approval of the transaction made unauthorized person or at an exit for limits of powers, the rights and duties on it arise at the approved person, according to item 2 of item 183 GK the Russian Federation, from the moment of its fulfilment. At transaction approval gestora the rights pass, first, if other party does not object to such transition or at making deal knew or should know that the transaction is concluded in another's interest. Secondly, as it is represented, the rights under the transaction pass as change of persons in the obligation and, is in that case right also duties arise at dominusa from the moment of transition of the rights under the transaction, instead of from the moment of its conclusion gestorom as it makes it on its own behalf though and in interests dominusa.

The opinion is represented disputable, that legal acts can be an approval subject dominusa only, [166] as the law connects compensation with approval of actions suffered gestorom expenses. At such interpretation of a subject of approval, expenses as a result of actually perfect actions or come under to compensation without dependence from their approval dominusom, that is true not in all cases, or do not come under to compensation in general, that also it is incorrect, as otherwise on the party dominusa there can be an unjust enrichment. The civil legislation does not fix terms during which dominus should approve actions gestora that can lead to abusing from the interested person. Proceeding from a principle of conscientiousness of participants of civil matters, such approval should be made in reasonable term under concrete circumstances which should be estimated since the moment when dominus has learnt or should learn about fulfilment in its interests of actions gestorom.

After fulfilment of actions in interests dominusa, a duty gestora, according to item 989 GK the Russian Federation, is rendering account dominusu about results of the actions: the received incomes, expenses and losses. In case of discharge of duty dominusa, about received gestorom incomes there can not be a speech as actions were made to execute on purpose the obligation, and expenses should constitute no more size of a duty dominusa before the creditor.

It is necessary to notice, that at discharge of duty dominusa gestorom in an operations procedure in another's interest without the commission, there is no delegation. First of all it is connected by that gestor does not replace dominusa neither as the subject of legal relation, nor as the contract party. It is while translating long, on the contrary, there is a change of persons the obligation, in particular, there is a replacement of the debtor. Secondly, a qualifying sign of actions gestora is realisation of actions without the commission or obviously given consent, debt transfer, according to item 391 GK the Russian Federation is made under the agreement between the initial debtor and the new debtor with the consent of the creditor without whom such agreement is considered insignificant. At last, gestor, operating in interests dominusa, executes its duty in the existing obligation. While translating the debt of such execution does not occur, there is only a change of persons without change of the size of the obligation.

The basic duty gestora is the notice of the interested person on fulfilment in its interest of actions. Besides, gestor reasonable term to wait for approval of perfect actions, except cases when such expectation will entail a serious damage for the interested person is obliged. Both approval, and disapproval of actions gestora attracts for dominusa duty occurrence on compensation of necessary expenses and other real damage suffered by the person, operating in another's interest. Thus the legislator does not connect a duty of compensation with achievement gestorom positive result, according to paragraph 2 of item 1 of item 984 GK the Russian Federation. However if actions gestora have led to positive result, it has the right to compensation if such right is statutory, the agreement with the interested person or customs of a business turn. According to the item 983 GK the Russian Federation actions in another's interest, made after to the one who makes them, it became known, that they are not approved by the interested person, do not attract for the last duties neither concerning made these actions, nor concerning the third parties. At the interconnected interpretation of articles 983 and 984, it is possible to come to conclusion that dominus is obliged to compensate gestoru those expenses which that has incurred at fulfilment of actions in interests dominusa till the moment of disapproval of its actions. Approval can be oral, written, or is made by a different way obviously testifying to approval of actions gestora (for example, dominus pays the order made for it gestorom).

Thus, gestor, operating for lack of any communication with dominusom, making actions on execution of the civil-law obligation, the debtor in which is dominus, in its interests, realises thereby the interest in occurrence of new objazatelstvenno-legal communication between it and dominusom.

Special case of participation of the third party (or the third parties) in execution civil-law or even sets of the civil-law obligations existing between the creditor and the debtor, is execution of obligations of the debtor by the third party in bankruptcy procedure by rules of article 113 of the Federal act from 26.10.2002 № 127-FZ About an inconsistency (bankruptcy) (further - the Law on bankruptcy). According to this article the third party or the third parties before the termination of external management with a view of phase-out on business about bankruptcy have the right to satisfy at any time all requirements of creditors included in the register of requirements of creditors, or to give to the debtor money resources, sufficient for satisfaction of all requirements of creditors according to the register of requirements of creditors. [167] Unlike a design of interest of the third party in preservation of property sphere, in this case interest in occurrence of the new legal bond between the third party and the debtor is shown as the basic precondition of participation of the third party in the obligation, instead of as consequence of satisfaction of interest of the third party in preservation of the property sphere. Specified article provides two possible ways of satisfaction of requirements of creditors: by transfer of money resources to the special bank account of the debtor opened by the external managing director on the basis of the court ruling, or in the deposit of the notary. Proceeding from sense of item 113 of the Law on bankruptcy, it is a question of execution of the obligation of the debtor, i.e. about execution of its duties in that volume which is required for full repayment of the obligation [168]. Thus execution is come under only by liabilities of the debtor. By the law on bankruptcy are established special in relation to item item 2 313 GK the Russian Federation rules in this connection execution of obligations of the debtor by the third parties after introduction of the first procedure of bankruptcy is supposed only with observance of the order provided by the legislation on bankruptcy [169]. The Third party is obliged to notify in writing the arbitration managing director and creditors on the beginning of satisfaction of the requirements brought in the register by the creditor at the moment of the beginning of satisfaction of requirements. The legislation on bankruptcy establishes certain term for satisfaction of all requirements of the creditors, estimated from the moment of removal by definition arbitration court about acceptance of the statement of the third party.

Of this way can take advantage and founders (participants) of the debtor, however in this case interest consists first of all in preservation of the

Property sphere, and procedure does not differ from execution of obligations of the debtor by the third party. The third party can fulfil duties of the debtor not only with a view of creation of the new legal bond with it, and also with a view of preservation of the property sphere as, on bankruptcy proceedings end all rights to property of the debtor will be considered as the extinguished.

It is necessary to notice, that the legislation on bankruptcy does not define the mechanism of compensation which the debtor should give to the third party in connection with execution of obligations of the debtor by the last before creditors. Application to the given situation of the mechanism of the subrogation as, the subrogation represents change of persons in the obligation Is represented impossible, however in this case the obligation stops. It is impossible to agree with opinion, that the third party has a claim for exoneration right to the debtor. [170] According to item 14 of item 113 of the Law on bankruptcy, the money resources listed on the special bank account of the debtor or in the deposit of the notary, are considered given to the debtor on treaty provisions of the interest-free loan which term is certain by the claiming moment, but not earlier than the term termination on which external management has been entered. Thus, at execution by the third party of obligations of the debtor both by granting of money resources to the debtor, and by independent satisfaction of requirements of creditors, arises new reguljativnoe the obligation, by the legal nature being debt, in particular, the extra. Adequacy to market relations of conditions about besprotsentnosti

Loan given to the debtor raises certain doubts, however, according to paragraph 2 of item 14 of item 113 of the Law on bankruptcy, the agreement approved by controls of the debtor, representatives according to constituent instruments of the debtor to make the decision on the conclusion of large transactions, with the person who is carrying out satisfaction of requirements of creditors, other conditions of granting of money resources for execution of obligations of the debtor can be provided.

So, on the basis of the above-stated it is possible to draw following basic conclusions.

The third party, influencing dynamics of the civil-law obligation, pursues the interests which achievement is reached by means of various actions. So, interest of the third party in repayment of the existing legal bond between it and the debtor in the basic obligation is reached at realisation of the actions directed on discharge of duty of the debtor in the basic obligation, at putting on on the third party of execution of the obligation. Putting on can represent the agreement, not being third party beneficiary contracts, between the debtor and the third party, according to which the third party (being the debtor in this concrete agreement) undertakes to execute the obligation existing between the debtor and the creditor. Discharge of duty of the debtor does not attract transition of the rights of the creditor to the third party: As a result of such execution or arises new grazhdanskopravovoe the promissory note between the third party and the debtor, or the auxiliary obligation between the third party and the debtor stops.

In case of execution by the obligation third party for the debtor owing to putting on, for inadequate execution nedenezhnogo, the debtor on rules of item 403 GK the Russian Federation, norms of point 6 of item 313 GK the Russian Federation according to which for inadequate execution nedenezhnogo the third party answers answers, extend only on cases when the third party has executed nedenezhnoe the debtor under the initiative for lack of putting on. Thereupon it is necessary to state point 6 of article 313 GK the Russian Federation in the following edition: For inadequate execution by the third party of a duty of the debtor who is not monetary, the debtor bears responsibility before the creditor in case it had been assigned execution to the third party.

Participation of the third party in execution existing between the creditor and the debtor the obligation at interest realisation in granting of property benefit to the last can be shown exclusively in clearing of the endowed debtor of a property duty (debt) to the creditor, instead of in the promise of that as only in that case realisation of interest of the third party will lead to satisfaction of interest of the debtor in the basic obligation.

The third party with a view of interest realisation in preservation of the property sphere, makes actions on some property granting which corresponds with action of the debtor under the basic obligation, with observance of following conditions: legal bond presence between the debtor and the third party; the third party should possess the right concerning property of the debtor or its property sphere depends on actions of the debtor (it causes presence of interest at the third party in influence on dynamics of the obligation between the creditor and the debtor); presence of a relationship of cause and effect between the reference of the claim to property of the debtor and danger of forfeiture on this property.

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A source: Churilov Alexey Jurevich. PARTICIPATION of the THIRD PARTIES In EXECUTION of the CIVIL-LAW OBLIGATION. The dissertation on competition of a scientific degree of the master of laws. Tomsk - 2017. 2017

More on topic 2.4. Occurrence of the new legal bond between the debtor and the third The person:

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  2. the CHAPTER II. The CHARACTERISTIC of the LEGAL STATUS of the DEBTOR - the LEGAL PERSON And ITS SEPARATE COMPONENTS
  3. the CHAPTER II. The CHARACTERISTIC of the LEGAL STATUS of the DEBTOR - the LEGAL PERSON And ITS SEPARATE COMPONENTS
  4. the CHAPTER I. The GENERAL CHARACTERISTIC of the DEBTOR - the LEGAL PERSON AS SUBJECT of COMPETITIVE RELATIONS
  5. the CHAPTER I. The GENERAL CHARACTERISTIC of the DEBTOR - the LEGAL PERSON AS SUBJECT of COMPETITIVE RELATIONS
  6. THE CHAPTER III. THE COMPETITIVE CONTROL AS THE LEGAL BASIS OF PARTICIPATION OF THE DEBTOR - THE LEGAL PERSON IN COMPETITIVE RELATIONS
  7. THE CHAPTER III. THE COMPETITIVE CONTROL AS THE LEGAL BASIS OF PARTICIPATION OF THE DEBTOR - THE LEGAL PERSON IN COMPETITIVE RELATIONS
  8. Occurrence and the termination of the legal person.
  9. Occurrence of property benefit at the debtor at the expense of savings on To its party of that it should execute in favour of the creditor
  10. the Debtor (the organisation or the physical person).
  11. Galkin Sergey Sergeevich. the LEGAL STATUS of the DEBTOR - the LEGAL PERSON In the RUSSIAN LEGISLATION On BANKRUPTCY. The dissertation on competition of a scientific degree of the master of laws. Moscow -, 2016 2016
  12. Galkin Sergey Sergeevich. the LEGAL STATUS of the DEBTOR - the LEGAL PERSON In the RUSSIAN LEGISLATION On BANKRUPTCY. The dissertation on competition of a scientific degree of the master of laws. Moscow -, 2016 2016
  13. 1. The Right of defence of business reputation of the legal person and the basis of its occurrence
  14. Putting on of discharge of duty as the form of realisation of interest in repayment of the existing legal bond
  15. the Head І. CONDITIONS of OCCURRENCE of the RIGHT TO REFERENCE TO THE COURT C the STATEMENT For the RECOGNITION of the DEBTOR the BANKRUPT.
  16. 2 Concepts, signs and legal essence of the debtor
  17. 2 Concepts, signs and legal essence of the debtor
  18. 4. The General characteristic of the legal bond of the participant economic obyoshchestva with a society, arising in force directly fakti participations in a society.
  19. 1 Legal status of the debtor as a legal category: concept, components, principles
  20. 1 Legal status of the debtor as a legal category: concept, components, principles