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§1. Principles ought and obligation specific performance

Owing to a principle of appropriate execution of the obligation should be executed properly according to obligation conditions, requirements of the law, other legal acts, and in the absence of such conditions and requirements - according to customs or other usually shown requirements (item 309 GK the Russian Federation).

That is appropriate execution is an execution (fulfilment of actions or abstention from them) in strict conformity with obligation conditions without dependence from where those contain: in the agreement of the parties, the law, other legal act, the custom, usually shown requirements.

According to S.V.Sarbasha, the principle of appropriate execution is заглавным1. The similar thesis is proved in a kind of that appropriate execution - a main objective, expected result of development of the obligations relation. Fair it is necessary to recognise and a conclusion that «all other principles connected with execution of obligations, submit to the given principle» 2. Probably, for this reason the principle of appropriate execution opens gl. 22 GK the Russian Federation. Moreover, we consider, that the principle of appropriate execution can be considered not only as a predominating principle of execution, but also as the major, fundamental rule of all liability law.

Thereupon reasonably interesting S.T.Maksimenko's thought that «principles (is represented to realisation of the rights and duties - A.V.) are kri - [321 [322] terijami appropriate realisation of the civil rights and duties and define its legal and moral borders» [323 [324] [325]. By analogy with told it is possible to draw a conclusion: principles execution of obligations in a broad sense are criteria of appropriate discharge of duties, define legal and moral borders of execution, its conformity as to the letter, and sense of the law and the contract.

The concept of appropriate execution is offered to V.S.Tolstym in which opinion «the execution made in is appropriate sootvet -

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stvii with the maintenance of a duty at the moment of its execution ». In the research appropriate execution suggests to qualify M.A.Egorov

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As bilateral remissionnoj the transaction which are not the contract.

The specified positions are represented correct and reflecting an essence of appropriate execution. Meanwhile from the practical point of view the considered phenomenon should be opened through a number of criteria which are execution elements: a subject, the subject, a place, time, a way. Still pre-revolutionary authors, not allocating an independent principle of appropriate execution, specified, that execution should be made in exact conformity with treaty provisions in an appropriate place, during certain time at observance of requirements about a way, term, quality [326]. In a similar way the essence of appropriate execution reveals not only on norms of the domestic law, but also in the foreign legislation [327].

Having analysed the literature, it is possible to come to conclusion, that at disclosing of essence of a principle of appropriate execution the majority of jurists the Russian Federations, and also corresponding norms of the Soviet legislation [328 [329] use the formulation of item 309 GK.

As a whole it is necessary to agree With a similar conclusion. However to the statement, that the principle of appropriate execution consists in that at obligation execution requirements of item 309 GK the Russian Federation have been fulfilled, it is necessary to add intrinsic criteria of a principle. So, the principle of appropriate execution reveals in separate norms of a liability law, is applied in judiciary practice. For example, with reference to the rent contract it means, that using property should be carried out and paid according to taken up

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The party of such agreement obligations.

Thus, the principle of appropriate execution is a fundamental position of a liability law according to which obligations should be executed in strict conformity with the conditions of the obligation following from the contract, the law, customs of a business turn, other usually shown requirements.

It is necessary to pay attention to V.S.Tolstoy's opinion according to which there is no independent principle of appropriate execution. It

«Only display obshchepravovogo a legality principle» [330]. However with the account of that legal principles or are directly fixed in the law, or all of them follow from its sense, it appears, that to some extent - display of a principle of legality. On the other hand, in frameworks podotrasli a liability law the principle of appropriate execution possesses independent value: it is used in pravoprimenitelnoj to practice, it is shown in norms about separate kinds of obligations. On this basis the analyzed phenomenon though also it is possible to consider with some reservations as reflexion of a principle of legality, but only as the independent beginning of execution.

As it has already been told, the essence of a principle of appropriate execution reveals through a number of criteria. First of all, the debtor is obliged to execute the requirements connected with a subject of the contract (to pay a certain sum of money to perform concrete work to render necessary service, etc.). For example, in force § 1 gl. 30 GK the Russian Federation under the contract of purchase the seller is obliged to transfer not simply the goods to the buyer, but also to execute treaty provisions about quantity, assortment, quality, completeness, packing, etc. It is possible to tell, that appropriate execution is a quantitative and qualitative characteristic of actions [331] made by the debtor, the accent becomes not only that the obligation should be executed, but also on

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Volume as it should be executed.

The obligation should be executed in certain term which is established by the agreement of the parties with the account of positions of item 314 GK the Russian Federation. Delay of the debtor or the creditor is infringement of rules about execution of obligations owing to item 405, 406 GK the Russian Federation. However a little bit other situation is with preschedule execution. It is indicative, that during the Soviet period encouragement and stimulation of preschedule execution of economic obligations [332] took place. For today it is impossible to consider the similar approach correct. Preschedule execution far not always is ought. So, in connection with early delivery of the goods the creditor can incur the additional expenses connected about storage, impossibility to realise production before term, etc.

In the literature it is fairly noticed, that the modern right recedes from an absolute interdiction of preschedule execution [333 [334]. On the given question in the domestic legislation the dualism in a part is traced regulirova -

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nija obshchegrazhdanskih and enterprise relations. Under the general rule the debtor has the right to execute ahead of schedule the obligation if other is not statutory, other legal acts or conditions of the obligation or does not follow from its being. The opposite norm is established for the obligations connected with realisation of enterprise activity. In this case preschedule execution is supposed only in cases when possibility to execute the obligation to term is statutory, by other legal acts or conditions of the obligation or follows from customs of a business turn or an obligation being.

In the obligations arising from the contract with participation of the consumer, preschedule execution also far not always corresponds to interests of the last. We will present the following situation. The thing got under the contract of retail purchase and sale, should be delivered to the house to the citizen at 18:00. Nevertheless, without legal notice the goods have been brought much earlier when the buyer was on work and could not accept it. In similar cases at definition of an admissibility of preschedule execution it is necessary to start with customs and a being of relations.

The law other elements of appropriate execution, for example, the subject (item 312, 313 GK the Russian Federation) and a place (item 316 GK the Russian Federation) also establishes. Besides it, GK the Russian Federation contains the separate norms opening essence of an appropriate way of execution. It is necessary to understand as way of execution «an order of fulfilment of actions by the debtor on execution of obligations» [335]. It is thought, that in most cases the way of execution is defined under the agreement of parties depending on a concrete subject and an obligation kind. However category research «a way of execution» from a position of other principle - profitability is represented to the most interesting, as will be considered more low.

Let's add, that the list of elements of appropriate execution, in our opinion, should not be settling. Besides legislatively established requirements (a subject, term, a place, the subject, a way) the parties in the agreement can provide and other conditions.

It is necessary to remember, that the principle of appropriate execution provides a number of duties under the relation not only to the debtor, but also the creditor. Last cannot evade from acceptance of appropriate execution. Otherwise the debtor has the right to the indemnification. Thus, the principle of appropriate execution - dvustoronne obliging, is directed on maintenance of the rights of all participants of the civil circulation. On the basis of stated judiciary practice does a fair conclusion that the debtor cannot be made accountable the creditor for the delay in performance caused by delay of the creditor.

The principle of specific performance of obligations directly in the legislation is not provided, but follows from its sense, is used in practice. Among jurists it is not observed unities of opinions of its essence. More often as the specific performance requirement understand necessity to execute the obligation in nature: to make that action which constitutes an obligation subject (to transfer a certain thing to perform concrete work to render corresponding service). In the literature it is proved it was specified, that specific performance - one of conditions garantirovannosti realisation of the rights and discharge of duties [336 [337] [338].

Rule bases about specific performance have been put in pawn still by jurists of XIX century who approved, that fulfilment of other action cannot be considered as execution even if it is more favourable to the creditor,

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But it is not accepted it. For example, K.P.pobedonostsev writes: «the party obliged to execution, should make it, has no right to refuse and evade from execution and if evades it appears guilty in not -

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Execution, also can be forced to execution ».

The term «a specific performance principle» has appeared already in the Soviet civil law. Then in the majority of works as execution synonym its understanding has affirmed as nature [339]. So, according to O.S.Ioffe, «the socialist right does not suppose accord in nature monetary indemnification of losses. It starts with the general rule about obligation execution in that kind in what the last is defined planovoadministrativnymi by certificates, contracts and other bases specified in the law. This rule of the Soviet law also name a specific performance principle» [340]. It is represented, that the specified understanding of the analyzed phenomenon unreasonably wide. Far not all conditions of the agreement of the parties and other certificates should be carried to the specific performance requirement.

For today the specific performance principle is shown in the legislation, though and with essential restrictions. One of the major reflexions in the law in force of a studied principle is the norm of item 1 of item 396 GK the Russian Federation according to which payment of the penalty and the indemnification in case of inadequate execution of the obligation do not release the debtor from obligation execution in nature if other is not statutory also by the contract. That is the creditor (both on contractual, and under the non-contractual obligation) has the right in case of infringement by the debtor of the obligation to sue about award to discharge of duty in nature. The resulted rule is characteristic and for the foreign right. In particular, execution in nature (specific performance) is applied on norms delikt -

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nogo the rights of the USA.

The norm of item 2 of item 396 GK the Russian Federation limits the specific performance general rule a little: the indemnification in case of default of the obligation and penalty payment under the general rule release the debtor from obligation execution in nature. However if it is a question of the obligation to transfer a specific thing, the creditor has the right to demand otobranija the given thing (item 398 GK the Russian Federation).

The specific performance principle finds the reflexion and in a number of norms about separate kinds of obligations (for example, item 511, item 3 of item 611 GK corrected

The Russian Federation). So, in case the lessor has not given to the tenant handed over vnayom property, last has the right to obtain on demand the specified property.

It is necessary to remember, that the specific performance requirement means a duty of the debtor to transfer not only the thing caused by the obligation, but also other subjects without which its use to destination becomes impossible or inconvenient. So, the loan recipient has the right to demand granting to it of accessories and documents without which the thing which is a subject of the contract of the loan, cannot be used for the designated purpose (item 691 GK the Russian Federation).

It is possible to tell, that at disclosing of essence of a principle of appropriate execution it is necessary to place emphasis on quantitative and quality indicators, on how the obligation should be executed. With reference to a specific performance principle it is necessary to say that concrete action should be made basically. For example, duty specific performance will transfer a thing under the contract of purchase direct transfer of a thing. At definition of that fact, whether there was an execution ought accent will mix up on some other factors: whether the thing of corresponding quality, whether in the established term is transferred, to the appropriate person, etc.

Despite told above, some jurists deny existence of a principle of specific performance. One of the first during Soviet time V.S.Tolstoy adhered to the similar point of view. He approved, that «inadmissibility of accord by monetary indemnification not a principle as deviations from it are too frequent» [341]. It is necessary to recognise, that in the current legislation quantity of restrictions of a principle of specific performance, at least, has not decreased. Moreover, a number of jurists notice, that for today the requirement of specific performance has become invalid for a legal principle. So, according to separate authors, position of item 2 of item 396 GK the Russian Federation calls into question the characteristic of current specific performance as the beginnings of institute of execution [342]. The resulted judgements see to us very disputable. That fact, that a specific performance principle is applied (and was applied during the Soviet period) with certain restrictions, cannot be considered as a sensible argument in favour of that it is not necessary to recognise it as one of the execution beginnings. Practically any principle of civil law has exceptions. For example, principles of equality of participants of a turn, contract freedom have certain limits and restrictions, but it is impossible to approve on this basis, that they have become invalid for legal principles.

With reference to a considered situation it is necessary to say that the requirement of specific performance of the obligation prezjumiruetsja if other is not statutory or the agreement of the parties. Otherwise appointment of the contract which urged to provide execution by the parties of those concrete duties which are provided by it is lost.

V.S.Tolstoy approves, that «specific performance as the principle in our civil law is absent as to execute or to execute a duty after the expiry of the term entirely depends on the discretion kredi -

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tora ». A little similar statement contains in V.A.Tarhova's work in which opinion specific performance becomes a principle only then,

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When it is applied irrespective of the requirement of the creditor.

It is difficult to agree with the told. First, by us it has already been noticed, that there are the principles providing protection of interests separate, but not of all participants of the civil circulation (the creditor, weakness, etc.). Secondly, that fact, that the right to demand specific performance remains to the discretion of the creditor, cannot belittle value of a principle of specific performance in any way, and is quite proved from a position of a principle of optionality which finds the greatest distribution in a liability law. By and large, the requirement of appropriate execution also entirely remains on the discretion of the creditor, however on this basis nobody approves, that appropriate execution - not a principle.

One more of arguments against a specific performance principle - existence of the given category is exclusive within the limits of the civil law theory, after all the current legislation does not give definition of the specified concept and does not use it. At the same time, as it was already marked, right principles can be not only are directly fixed in the law, but also to follow from its sense and on this basis to be used in judiciary practice. Hence, the argument that the term "specific performance" does not meet in legal acts, is not indisputable argument in favour of that the specified principle - exclusively theoretical phenomenon.

It is indicative: materials pravopriminitelnoj experts just testify that specific performance - a category having practical value. In particular, the specific performance principle is applied to the argument of positions of court on concrete affairs. So, Open Company «Baikal - Wood» has addressed with the claim to the individual businessman about unjust enrichment collecting. In court it has been established, that between the claimant and the respondent the loan for consumption has been concluded. Courts of three instances have satisfied claims on the ground that in business there are no the proofs testifying to specific performance by the borrower of the loan for consumption [343].

Judiciary practice illustrates that fact, that "specific performance" is used by vessels for definition, whether took a place actual discharge of duty. The specified circumstance already in itself erects the analyzed phenomenon in the category of fundamental categories of a liability law. In particular, citizens have addressed in court with the requirement about cancellation of the contract of purchase of apartment because the respondent does not execute a duty on payment of object of the real estate. Refusing in satisfaction of the statement of claim, the court has specified, that by the respondent has not been admitted infringements of conditions of the concluded contract of purchase as its actions testified to intention really to execute the contract on transfer of money resources for apartment, including its actual execution regarding entering of money resources on the deposit of the notary [344].

Proceeding from stated, the requirement of specific performance from the point of view of its essence is the basic idea of a liability law penetrating all system of its norms. The given fact proves to be true both judiciary practice, and the civil doctrine. Exceptions of this rule are possible owing to the law or other certificate, that as it has been more than once told during the present research, is characteristic for the majority of principles of civil law. Thus, the specific performance principle is a principle of a liability law, according to which the debtor is obliged to make that action (refusal of actions) which constitutes an obligation subject, otherwise the creditor has the right to demand fulfilment of the specified action (refusal of actions) judicially.

In a science the question on a parity of principles ought and specific performance is ambiguously solved. Thus we consider what most obviously and in detail to open essence of the considered phenomena probably by their comparison and comparison.

According to one researchers, ought and specific performance correspond as the general and a part. So, N.I.Krasnov marks: «Appropriate execution is concept more to the general, and specific performance - one of the private requirements entering into the maintenance of appropriate execution» [345]. In the resulted treatment specific performance is reduced to the requirement about granting by the debtor to the creditor of a subject of the obligation, that is transfer of a thing or fulfilment of other action caused by the contract [346 [347]. There is a proved question, whether there is in this case a practical sense of allocation of a separate principle of specific performance, if it only private displays of a principle of appropriate execution. N.I.Krasnov positively answers this question. In a substantiation of the given position the following argument is resulted: specific performance - the main requirement from all set of requirements about appropriate execution, without which all

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Other requirements would become pointless. We consider, the author has quite fairly emphasised value of a principle of specific performance in which absence the obligations relation would lose sense. Really, realisation of actions (refusal of actions), which are an obligation subject - the corner requirement among all duties of the debtor, round which all are built others (quantity, quality, term, a way, etc.), therefore even if to assume, that nadle -

zhashchee both real - the general and a part, there are theoretical and practical reasons of allocation of an independent principle of specific performance.

The similar point of view at S.V.Sarbasha, in which opinion «general character of this principle (appropriate execution - A.V.) Consists in that he in a broad sense embraces itself(himself) all others: a specific performance principle, a principle of inadmissibility of unilateral refusal of obligation execution, a cooperation and conscientiousness principle. Any appropriate execution is specific performance »[348]. The thought that the principle of appropriate execution includes all other beginnings of execution, is represented interesting. Really, from the point of view of the letter and equity of statute the obligations relation should aspire in the development to appropriate execution which is the most correct and desirable way of the termination of the obligation. However, on the other hand, the principle of appropriate execution cannot be considered as simple set of other beginnings of execution, at least to that it includes such elements (quantitative, qualitative characteristics of a subject of the obligation, term, an execution place, etc.) Which, in most cases, do not concern other principles. Besides, such principles as profitability of execution, assistance of the parties, have the special specific essence, which studying and its comparison with appropriate execution - a separate problem question.

S.V.Sarbasha's following judgement sees a little disputable. According to the author, compulsion to execution in nature does not concern execution in original sense of this word as at a compulsion stage to execution of the obligation the relation has law-enforcement character [349]. Will difficult agree with the resulted point of view. We consider, that principles of execution of obligations, as well as all liability law as a whole, set as the purpose to guarantee interests of participants of the civil circulation, hence, they find the reflexion at all stages of development of the civil relation. As it is truly noticed by E.V.Vavilinym, procedural realisation of the rights and discharge of duties and protection of the broken right are separate stages of the mechanism of realisation of the rights and discharge of duties [350]. We believe, the essence of any principle consists that it is the basic beginning of any phenomenon operating at all stages of its development. Hardly at one stage of the mechanism of realisation of the rights and discharge of duties one principle, and at any other stage - another will operate.

With opinion that compulsion to execution in nature does not concern execution in original sense of this word, it is difficult to agree for one reason. As it has been specified in the present research, the liability law beginnings can be divided conditionally on reguljativnye and ohrani - telnye [351]. We consider, that principles ought and specific performance in bolshej to a measure have a law-enforcement orientation. Told proves to be true judiciary practice: the fact in evidence of default or inadequate execution of the obligation is the basis for forced measures in relation to the debtor which it is active primenjajutsjaja vessels. Hence, action of principles ought and specific performance at a stage of protection of the broken right has special value.

Some authors consider appropriate execution as a part of the real. For example, A.V.Venediktov wrote: «Specific performance of treaty obligations covers appropriate performance of all quantitative and quality indicators: not only timely delivery of all quantity of production provided by the contract, but also its delivery in the established assortment, according to the established standards, etc.» [352]. It is represented, that the author has unfairly expanded essence of a category "specific performance" as observance of conditions about quantitative and quality indicators, term, assortment, quality (conformity to standards) concerns appropriate execution, instead of to the real. The given fact directly follows not only from positions of item 309 GK the Russian Federation, but also norms of the Soviet legislation on which basis the jurist did the conclusions.

Similar position at O.S.Ioffe: «at a stage of normal development of the obligation it (a specific performance principle - A.V.) assumes appropriate execution, and after the malfunction admitted by the debtor and execution in nature» [353]. At all originality of the similar point of view it is necessary to disagree with it. According to the author, at a stage of normal development of the obligation real and appropriate execution correspond each other, that is specific performance in this case is also the ought. However it not so. As it has been shown above, appropriate execution includes, in particular, observance of conditions about term, quality, quantity, etc. that it is impossible to tell about specific performance. So, transfer of a thing with failure to meet a date will be specific performance, but inadequate.

Separate opinion at M.I.Braginsky. Real and appropriate execution, under the statement of the scientist, - raznoploskostnye the phenomena. In the first the essence of execution as fulfilment of certain action, and in the second - the qualitative characteristic of action (act of omission) [354] is expressed. Affirms, that «checking, whether the debtor has executed the obligation, put before itself two independent on value of a question: whether has made the person of action... And how they are made» [355]. The similar conclusion as a whole corresponds to judiciary practice: the court estimates, whether took a place execution, and then, whether there was it ought. So, on one of affairs the court, making of the decision, started with an absence of proof of appropriate execution of obligations, however the fact of a reality of execution of the disputable transaction took place [356].

V.S.Belyh in which opinion specific performance is a fulfilment of actions on execution of a contract adheres to a similar position also. The specified actions «are not reduced only to a duty to execute the obligation in full conformity with treaty provisions about a subject. Specific performance assumes also fulfilment by the debtor of other actions, somehow: production shipment, payment by its buyer, etc.». The resulted point of view deserves special attention though it is represented, that the author has not to the full opened, that mean so-called «other actions», entering into essence of specific performance, but not concerning the ought. Also it is not absolutely clear, why production shipment, payment by its buyer do not concern a duty to execute the obligation in full conformity with treaty provisions about a subject.

There is a point of view according to which it is necessary to discriminate specific performance and a specific performance principle. Specific performance - criterion, a part of appropriate execution, and a specific performance principle - the beginning according to which «the creditor, as a rule, has possibility by application of methods of indirect and direct compulsion to force the debtor to obligation execution» [357]. On this basis the conclusion that principles ought and specific performance do not correspond as the general and a part is drawn. The stated position causes a number of remarks. In - the first as specific performance - not always a part ought will be shown more low. Secondly, the creditor has the right «to force the debtor to obligation execution» not only according to a specific performance principle, but also in case of infringement by a party liable of requirements of item 309 GK the Russian Federation. Inadequate execution also is one of the bases for suing to execution in nature.

Nevertheless, the most proved the position according to which analyzed principles are considered as various, but the interconnected phenomena looks. Real and appropriate execution not always correspond as private and the general. We consider, various forms of their interaction are possible.

First, in some cases inadequate execution becomes requirement infringement about specific performance, occurs some kind of merging, merge of the named categories. For example, delivery of the goods as a gift with failure to meet a date, but already after a holiday, is not only inadequate execution, but also duty default basically. The desirable result of relations is not achievable, hence, there is no possibility to provide specific performance.

Also it is difficult to recognise as specific performance transfer of a thing of such quality which does not allow to use last to destination. It is traditional to transfer a duty the goods of corresponding quality it is considered a component of a principle of appropriate execution. However, owing to item 2 of item 475 GK the Russian Federation in case of material breach of requirements to quality of the goods the buyer has the rights of replacement of the goods. In the given norm finds the reflexion not only a principle of appropriate execution, but also a specific performance principle. The similar situation is traced with reference to rules about consequences of transfer of the incomplete goods (item 2 of item 480 GK the Russian Federation).

The list of similar examples can be continued: the goods in an inadequate place which has no relation to the creditor are put; things of such quantity which does not allow to use them for the designated purpose (for example, 0,1 % of products from the quantity provided by the agreement of the parties), etc. From the point of view of sense, spirit of civil law in the specified cases absence of appropriate execution are transferred means simultaneously and infringement of a principle of specific performance. Told characterise interosculation of analyzed categories.

Secondly, developing V.S.Belyh's mentioned idea, it is necessary to notice, that specific performance can include not only the legal acts provided by the agreement of the parties, but also the actual actions which are directed on discharge of duty and not entering into essence of appropriate execution. For example, preparation of motor transport for cargo transportation, appointment of workers which will perform concrete work, workplace preparation, etc.

Thirdly, appropriate execution is connected with performance of actions in strict conformity with the contract, the law, customs of a business turn. Specific performance means, first of all, achievement of desirable result of the relation. At the same time the similar result can and not come at appropriate execution of the obligation by the debtor on the circumstances which are not dependent on its will (for example, in case of misuses of right from the creditor). The given situation is possible, in particular, with reference to contracts vozmezdnogo rendering of services. As obosnovanno some authors believe, fulfilment of certain actions under the contract of rendering of services can be considered as appropriate execution even if will not reach desirable result [358]. Thereupon L.V.Sannikovoj's position in which opinion it is necessary to discriminate such categories as quality of rendering of service and quality of result of service [359] is original. We believe, that appropriate execution is connected with quality of rendering of service, and real - with quality of result of service.

To practice the following case with reference to the turnkey contract is known. Citizens have concluded the turnkey contract on performance of works on well digging. The place and depth were specified by the customer. The contractor warned time and again what to dig a well in the specified place it is impossible, as waters there it can and not appear. During fulfilment of actions on execution of obligations it was found out, that on the depth specified by the customer, it is considerable below water it has not appeared. Thus, result of relations will not reach. Means, there is no specific performance. Nevertheless, appropriate execution took place, as the contractor executes all actions caused by the turnkey contract. Moreover, last has executed a duty provided by item 1 of item 716 GK the Russian Federation, about the prevention about possible adverse for the customer consequences of performance of its instructions on a way of execution of work.

As a whole it is possible to tell, that in situations when the creditor it is malicious evades from reception of services (refusal of the patient of treatment, the student of studies, etc.), realisation by the debtor of actions in strict conformity with the agreement of the parties it is necessary to consider a prorumble as appropriate execution even if to give specific performance not probably.

Fourthly, itself GK the Russian Federation directly differentiates default and inadequate execution, establishing the various bases of responsibility that it is possible to consider as the formal basis of differentiation of principles ought and specific performance.

On the basis of stated, we consider, that appropriate execution and specific performance are a little different phenomena. The first expresses workmanship as certain action (the subject, term, a place, etc.), and the second - essence of action (obligation execution). Thus, certainly, ought and specific performance - the connected phenomena, which vzaimodopolnjajut each other. Execution of the obligation which can be recognised by normal, proceeding from sense and equity of statute, should correspond both to the first, and the second principle.

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A source: Volos Alexey Aleksandrovich. LIABILITY LAW PRINCIPLES. The dissertation on competition of a scientific degree of the master of laws. Saratov -.
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More on topic §1. Principles ought and obligation specific performance:

  1. 2.1. The means providing specific performance of obligations
  2. § 3. The Time of performance of the contractual obligation
  3. CHAPTER 1. CONCEPT And PRINCIPLES of EXECUTION of the CONTRACTUAL OBLIGATION
  4. § 1. Obespechitelnyj payment as a way of maintenance of execution of the future obligation and the obligation arising from the preliminary contract
  5. the tax obligation - a component of the public obligation
  6. § 3. A role of participants of the tax obligation in business about bankruptcy. Influence of the persons participating in business about bankruptcy, on the maintenance of the tax obligation
  7. § 3. A parity of concepts «civil-law principles» and «principles of realisation of the rights and discharge of duties»
  8. § 1. Activity of the states on performance of norms about the forbidden methods and weapons of war
  9. absence of reciprocative performance
  10. § 1. Concept of execution of the obligation
  11. the First case of performance RRP
  12. § 4. A place of execution of the obligation
  13. § 1. The recourse obligation.
  14. the Following some cases of performance RRP
  15. 2.1.2. Methods of definition of a specific surface
  16. § 2. The Liability of infringement of the contractual obligation