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the Conclusion

Requirements of the developed civil circulation have generated necessity of participation of others, besides the creditor and the debtor, persons in execution grazhdanskopravovogo obligations. Such participants of debt relationship are, including, the third parties - participants grazhdanskopravovogo the obligations which are distinct from its parties, but possessing such interest which realisation mentions dynamics of the obligation.

As a result of research the conclusion that features of participation of the third party in execution of the basic obligation can be reduced to two models is drawn: I model - participation of the third party in execution of the basic obligation on the party of the debtor; II model - participation of the third party in execution of the basic obligation on the party of the creditor. The given models are allocated on the basis of the combined criterion including two elements - the first element is reduced to the obligation party on which the third party acts; the second element reflects features of interest of participants of the debt relationship which realisation provides third party involving in dynamics of the obligation. In work third party participation on the party as creditor, and the debtor is proved, that, does not form neither active, nor passive plurality of persons in the basic obligation.

The criterion of differentiation of the offered models lays not so much in a plane of subject structure of the basic obligation, how many in a plane of definition of character and the form of realisation of interest of the third party. If the third party acts on the party of the debtor realisation of interest of the third party has qualifying influence on definition of the mechanism and consequences of its participation in execution of the basic obligation. So, at putting on of execution of the obligation on the third party the last has an interest in repayment of the existing legal bond between it and the debtor in the basic obligation which is reached at fulfilment by the third party directed on discharge of duty of the debtor in the basic obligation of actions. Execution by the third party of the liability of the debtor including with use of electronic money resources as they represent not independent object of the civil rights, and only the mechanism of transfer of money resources from one person to another without opening and use of bank accounts is thus supposed. Participation of the third party in execution existing between the creditor and the debtor of 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. For execution of the obligation by the third party for the debtor with a view of preservation of the property sphere presence of set of following conditions is necessary: the legal bond 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 as this circumstance causes interest presence in influence on dynamics of the obligation between the creditor and the debtor; presence prichinnosledstvennoj communications between the reference of the claim to property of the debtor and danger of forfeiture on this property. At the same time, third party possibility to influence dynamics of the obligation is not boundless, as it is not enough only one presence of interest of the third party to influence dynamics existing between the creditor and the debtor.

On an example of putting on of execution of the obligation on the third party it is possible to allocate following limits of putting on of execution of the obligation for the third party: the limits defined by a being of the obligation; limits, statutory; subject limits.

Studying of dynamics of the obligation with third party participation has allowed to reveal vital issues in regulation of the mechanism of execution of the obligation by the third party for the debtor. At putting on of execution the third party fulfils duties of the debtor in the basic obligation, remaining thus behind frameworks of its subject structure. Owing to realisation of interest of the third party and discharge of duty of the debtor there is no transition of the rights of the creditor to the third party - or there is a new civil-law promissory note between the third party and the debtor, or the auxiliary obligation between the third party and the debtor stops. Thereupon the Russian Federation about transition of the rights of the creditor in the basic obligation to the third party on all cases of execution of the obligation by the third party as with reference to the general bases of execution of the obligation the third party as putting on, and to the cases provided by item 2 of item 313 GK the Russian Federation is proved lozhnost positions of item 5 of item 313 GK. Norms of item 6 of item 313 GK the Russian Federation about unconditional putting on of responsibility for inadequate execution nedenezhnogo on the third party are insolvent. It is necessary to discriminate situations in which the third party nenadlezhashche has executed a duty of the debtor under the initiative (in that case responsibility putting on on the third party) is obviously possible and it is necessary for situation in which the third party nenadlezhashche has executed the assigned not monetary duty of the debtor (in that case to assign responsibility to the debtor as the person responsible for actions of counterparts). Thus, it is necessary to state item 6 of item 313 GK the Russian Federation in the following edition: źFor inadequate execution of the obligation by the third party responsibility before the creditor is born by the debtor if other is not statutory╗.

In case of participation of the third party within the limits of II model (on the party of the creditor), qualifying value for definition of specificity of its participation in execution of the basic obligation and those consequences which arise owing to satisfaction of its interest, is taken away to the maintenance of interest of the creditor. Legal means with which help the creditor having interest in granting of property benefit to the third party, provides reception by this third party of property benefit, the third party beneficiary contract is. Positions of article 430 GK the Russian Federation contain not the third party beneficiary contract description as independent named contract, and fix set of signs, with which should satisfy the named or not named contract to admit the third party beneficiary contract. It is necessary to recognise as the basic sign of the contract concluded in favour of the third party granting to this person of possibility of buying of the requirement of execution of the contractual obligation. In the third party beneficiary contract, the third in relation to the contract the person is such only at the moment of direct making contract by the parties as it does not participate at making contract. Till the moment of expression of intention to take advantage of the right, the third party possesses only sekundarnym the right, only having realised which, it gets the incorporeal right from the contract in its advantage. Further, the third party status depends on a design of the contract concluded in its advantage: dogovory in favour of the third party it is possible to divide by criterion of replacement the third person of the creditor after realisation sekundarnogo the rights to two versions - with replacement by the third party of the creditor and without that.

Discharge of duty by the creditor to the third party is not always realised with use of a design of the third party beneficiary contract, and can be realised also by execution readdressing. Such way of inclusion of the third party in dynamics of the basic obligation is characterised by that realisation of interest of the creditor (depending on its maintenance) can result as in property benefit of the creditor, and property benefit of the third party.

It is represented, that the further researches can be devoted profound studying of participation of the third parties in execution of the obligation of the debtor at bankruptcy stages, legal effects of such execution. Perspective the further studying of forms of realisation of interest of the third party besides, is represented at influence on dynamics of the debt relationship existing between the creditor and the debtor.

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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
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