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§2. Principles of profitability of execution and assistance of the parties at execution of obligations

The principle of profitability of execution of obligations is a basic idea of a liability law according to which the debtor should choose the most reasonable, economical way of execution; the parties should to aspire carry out the rights and duties in the image most favourable each other, «subjects should execute the obligations reasonably, rationally, with the least costs at achievement of demanded result» [360].

The specified category with reference to a liability law is one of displays of a principle of conscientiousness, a rule about inadmissibility of misuse of right, other general provisions, finds the reflexion in separate positions GK the Russian Federation. Really, if actions on execution of obligations mismatch requirements of profitability, rationality, the duty is executed with unreasonable costs in most cases it is necessary to recognise such actions unfair, and is quite possible, and misuse of right.

The norm-principle of profitability existed during the Soviet period of development of civil law: ch. 2 items 168 GK RSFSR have been established 1964, that each of the parties should fulfil the duties the most economic for a socialist national economy in the image. The profitability principle was defined in the literature of that time, as a duty of the debtor and the creditor «on a rational expenditure of material and monetary resources, on mutual execution with the minimum and expedient expenses, with the fullest use of reserves of the actions constituting the maintenance of the obligation» [361]. It was especially underlined, that the main appointment of a principle of profitability consists in execution of obligations in such a way which is the most effective, favourable to all national economy as a whole [362 [363]. Moreover, actions of the debtor on discharge of duty to operate economically could and not mention interests of the counterpart and not correspond at all to them. Certainly, in modern conditions the understanding of essence of a principle of profitability requires updating. On the foreground there should be not interests of a national economy, and the authorised person - the creditor. Told corresponds to a special-purpose designation, fundamental principles, civil law methods.

It is necessary to notice, that now a profitability principle it is direct in the law it is not fixed, however finds the reflexion with reference to separate kinds of obligations. So, according to item 1 of item 713 GK the Russian Federation the contractor is obliged to use the material given by the customer economically and prudently, after the work termination to present to the customer the report about izrashodovanii a material, and also to return its rest or with the consent of the customer to reduce the price of work taking into account cost of not used material remaining with the contractor.

Hardly the similar rule is applicable exclusively to the turnkey contract and it to similar agreements. On the contrary, it is represented, that the profitability requirement is a fundamental rule of institute of execution of obligations, should extend on all liability law. We will present such situation. The citizen has arrived for the first time to the city of Moscow. It is necessary for it to reach from the Leningrad railway station to Kazan. The Kazan and Leningrad stations are located on one area the friend opposite to the friend.

Not knowing an arrangement of the specified objects, the citizen hires a taxi. The taxi driver carries out transportation of the citizen through all Moscow and, certainly, asks a payment for all route. The passenger pays off, as does not know, that him have deceived. In the resulted situation obligation specific performance, as result took place, to which the citizen aspired (moving to a certain place), will reach. At the same time obligation execution in this case mismatches requirements of conscientiousness, a rationality, carrier actions mismatch the law, he has abused the right, hence, the court can give up to it in right protection under item 2 of item 10 GK the Russian Federation.

Authors of some modern works it is proved approve about existence of a principle of profitability though frequently it is detailed its essence do not open. In particular, the fair conclusion becomes, that the basic purpose of a considered principle consists in modern conditions that uneconomical execution by the debtor of the duty should not be reflected in interest of the creditor and on it правах1.

Also the position about existence in civil law of a principle of efficiency which in the law directly is not formulated is close to us, but is immanent to a being of civil relations [364]. Moreover, we consider, that the given category not only corresponds to fundamental principles of the civil legislation, but also follows from them on the basis of what it can be put into practice. Affirms, that «the efficiency principle predetermines such combination of ways and legal means in the course of realisation of the rights and duties at which the legal purpose is reached at the minimum costs with the maximum completeness» [365 [366]. With the account told, the profitability principle is a category which is reflexion in a liability law not only norm-principle of conscientiousness and other general provisions of civil law, but also an efficiency principle. Hence, the current legislation knows many bases for application of a category of profitability for the permission of concrete disputes in vessels.

It is necessary to notice, that modern judiciary practice really focuses the parties to fulfil the duties in the most economic way. For example, courts specified in necessity ispolzo -

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vanija the most economic way of shipment. On an another matter the following conclusion has been drawn: movement on the city of Moscow to the airport by a taxi cannot be considered as the most economic way of movement with the account of that there is cheaper type of transport - the aeroexpress train [367].

In process pravoprimenenija the essence of a category «profitability of execution» should be in more details opened. We consider possible to allocate its some characteristics. We will notice, that the offered list of criteria of a category «profitability of execution» is approximate and opened, can be added by court with the account of all circumstances of the case in point.

1. Execution of the obligation with the least material and financial expenses. As it has already been told, discharge of duty should not be reflected in interest of the creditor. Very often interest of the creditor consists just in that the obligation has been executed by the cheapest way. If the debtor, having possibility to execute the obligation with the least material and financial expenses, does not do it misuse of right, more often, takes place. In the specified case the creditor acquires the right to the indemnification which size should be defined by court in each concrete situation.

2. Execution of the obligation with the least time expenses. When the obligation time of performance is not certain by the agreement of the parties, does not follow from the law or custom, it is necessary to say, that the debtor has no right intentionally to tighten execution process. It is a question not only that the obligation should be executed in reasonable term, but also that the party liable should take measures to the prompt achievement of result of the relation. When the creditor is interested in the prompt acceptance of execution (carrying out of repair of premises, rendering of various services to citizens, transportation of the passenger, etc.) the intended tightening of the given process can be considered as unfair behaviour, infringement of a principle of profitability.

3. An effective utilisation at execution of obligations of organizational possibilities. Quite often at execution of obligations the debtor should involve considerable organizational resources (rent of vehicles for delivery of the goods, attraction of workers, and also other organisations and physical persons, application own pomeshche - ny for time storage, etc.). Inefficient, irrational use of organizational possibilities can raise substantially costs, that, finally, negatively will affect interest of the creditor, its rights. Hence, from the point of view of a principle of profitability the debtor at execution of obligations should use organizational possibilities competently and rationally: as the, and the involved persons.

4. Bar of claim by lapse of time of the red tape, unessential coordination at official registration of papers, other intended tightening of process of discharge of duties. The intended tightening of process of execution of the obligation is closely connected with irrational use of time and organizational resources by carrying out of unessential coordination, registration of a considerable quantity of the documents which importance in a concrete situation is the doubtful, etc. Specified actions, proceeding from circumstances of business, also can be recognised by unfair.

Moreover, the profitability principle should be used not only in pravoprimenitelnoj, but also in pravotvorcheskoj activity. The legal acts regulating obligations relations, should create such legal mechanism which would provide the most reasonable, effective and fast way of execution. Abundantly clear, that unreasonably difficult in legislation unreasonably difficult and confused mechanism of realisation of the rights creates to subjects of the civil circulation extra costs, forces them to involve additional resources (material, time, organizational, etc.) for this purpose only to realise the legitimate rights and interests. It is necessary to recognise similar legal acts inefficient, mismatching the requirement of profitability and demanding entering into them of changes and additions. E.V.Vavilina's opinion that «the regulatory legal act is indisputable... Should be prepared for execution, it is thought over weigh its mechanism» [368].

So, the legislation regulating enterprise activity, quite fairly starts with intended reduction of quantity of administrative barriers of realisation by businessmen of the rights. For example, responsibility of officials for its infringement, registration by a principle of "one window» and many other things are established the maximum term of consideration of the statement for the state registration as the individual businessman. Nevertheless, as a science fairly affirms, that till now absence of accurate administrative procedures - one of the reasons of a problem of vulnerability of subjects of small and average business [369 [370]. We consider, that legislation perfection in the given direction should be continued.

Unfortunately, the profitability principle not always to the full finds the reflexion in the legislation. Quite often, especially when discharge of duty lays on the state, the monopolistically organisation, legal acts provide a difficult order of realisation of the rights. Illustrations of difficulties of procedural character of realisation it is right it is possible to meet in

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To the scientific literature: maintenance of military men with premises, reception of housing-and-municipal services [371].

One more example: the power supply contract. Realisation of the rights under this agreement is at a loss in view of use in the legislation of concepts, differentiation between which is not spent («the power supply contract», «the contract of delivery of electric energy», «the bilateral contract of purchase and sale of electric energy» etc.). Also not single instances of acceptance of laws in the field of power and power supply without presence in them of the mechanism of their realisation [372].

One more problem: nonacceptance by officials of legal acts which would open process of discharge of duty. As it is fairly underlined by Z.I.Tsybulenko, «it is frequent for realisation of the rights of the citizens proclaimed the Constitution of the Russian Federation, acceptance of variety of laws, the subordinate legislation in the form of positions, rules, instructions, etc. is required. It postpones realisation terms their citizens of the constitutional

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The rights, satisfactions of their requirements ». We consider, that the unreasonable tightening pravotvorcheskogo process negatively affects protection of the rights and legitimate interests of subjects of civil law which cannot realise the right, demand discharge of duty only in the absence of the document of procedural character.

All aforesaid confirms the thesis that the profitability principle should take root more actively in pravotvorcheskuju activity, find the reflexion in various legal acts, first of all, procedural character.

So, as it is visible from positions of the legislation, its sense, and also from judiciary practice, the essence of a principle of profitability in comparison with the Soviet period has changed, however the category has not lost the urgency. The principle of profitability of execution of obligations should be considered as basic idea of a liability law according to which the debtor should choose the most reasonable, economical way of execution; the parties should to aspire carry out the rights and duties in the image most favourable each other.

As criteria of economic execution it is necessary to consider: with the least material, time, organizational expenses, bar of claim by lapse of time of the red tape, unessential coordination at official registration of papers, etc. a profitability Principle it is necessary to use execution of the obligation not only in pravoprimenitelnoj, but also in pravotvorcheskoj activity. The legal acts regulating obligations relations, should create such legal mechanism which would provide the most reasonable, effective and fast way of execution.

Principle of assistance of the parties at execution of obligations - one more legal category following from sense of the legislation. Special development it has reached in the Soviet right. On GK RSFSR 1964 each of the parties should render to other party all possible assistance in execution of the duties by it (item 168). The essence of an analyzed principle on O.S.Ioffe consisted that «the parties have the right to count on such mutual aid which does not follow from their concrete duties, but becomes owing to the developed circumstances necessary for one party and can be rendered it other party without damage to itself» [373]. A little bit other definition has given Z.I. TSybulenko in which opinion a cooperation principle - the is standard-supervising beginning, «according to which at realisation of the rights and discharge of duties each of the obligation parties should render to other party all possible assistance in performance of the duties by it irrespective of, it is provided by the concrete normative act, the contract or it is not provided by them, but following of the right general provision» 1. In last definition the emphasis that a duty to co-operate is quite right placed should (assist) to follow from the right general provision. For today similar norm is the conscientiousness principle.

Necessity of a principle of assistance during the Soviet period followed from essence administratively-planned economy. Plan performance - the general duty of each enterprise, a general ultimate goal for which achievement participants of an economic turn should not only fulfil properly the duties but also promotes in it to another субъектам2.

With the account of that the essence of a principle of assistance during the Soviet period has been closely connected with specificity of the planned economy, some authors had been drew a conclusion that the principle of assistance of the parties at execution of obligations is the beginning which mismatches modern economy, therefore the legislator has fairly refused its inclusion in GK

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The Russian Federation. It is difficult to find the arguments confirming the given fact. The sense of the operating civil legislation, practice of application of general provisions GK the Russian Federation, and also principles of execution of obligations visually testify to a category urgency «assistance of the parties». It is connected by that all participants of a turn are interested in reception of certain result, and such which would be most favourable to them. Achievement of similar result, and as consequence, realisation of legitimate rights and interests of subjects, are quite often impossible in absence of assistance between the parties at execution of obligations. [374 [375]

Separate opinion is stated V.V. Equal: «the principle of creditor assistance is inapplicable, if in each concrete situation other is not supposed and does not follow from the right or treaty provision special provision» [376]. It turns out, that the author has formulated some kind of a presumption of non-use of a principle of assistance: if other is not statutory or the contract, the analyzed category is not applied. Meanwhile for today the given thesis not to the full corresponds to valid provisions GK the Russian Federation which has established a conscientiousness principle, and also a presumption of conscientiousness of participants of the civil circulation. With the account of that the category of assistance of the parties is closely connected with the given norms, there are no bases to approve, that the assistance principle is applied exclusively when it is directly specified in the law or the contract.

On the basis of the stated it is necessary to agree that «though profitability and cooperation of the parties at execution of obligations are not fixed in GK the Russian Federation as liability law principles, they are put into practice and their use is necessary» [377]. Certainly, a special-purpose designation of the specified beginnings, their essence in modern economy a little bit other, than in is administrative-planned. In the head of a corner the nation-wide purpose in the form of plan performance, and private - achievement of real result to which the parties aspire at execution is put not. The primary goal of analyzed principles during the modern period: creation of the effective civil circulation capable in the greatest measure to satisfy interests of its subjects. Thus, there was a change of appointment, an essence of an analyzed principle, but to say that it has lost the urgency, it is impossible.

It is indicative, that the assistance principle is directly fixed by separate norms of the international and foreign right. For example, owing to Principles of the International commercial contracts of 2010 each party should co-operate with other party if such cooperation it is possible to expect reasonably in connection with execution of obligations of this party. The similar duty («duty to co-operate») is provided by Principles of the European conventional law [378]. Foreign authors affirms, that the given duty urged to provide the fullest execution of obligations by the parties [379]. The given foreign experience is interesting primenitelno and to the Russian legal system, can be applied as in practical activities (with the recognition account in our country of customs, and also rules of item 7 GK the Russian Federation about application in Russia the international norms), and in work on perfection of the civil legislation.

GK the Russian Federation does not know the general rule which directly would establish a duty of the parties to co-operate. However with reference to the turnkey contract the customer is obliged in cases, in volume and in an order, provided by the turnkey contract, to render to the contractor assistance in work performance. At default by the customer of this duty the contractor has the right to demand compensation of the caused losses, including the extra costs caused by idle time, or transferrings of times of performance of work, or increase in the price of work specified in the contract. Some duties on assistance of the parties follow from the norms regulating the contract of commercial concession (item 1031 GK the Russian Federation).

Besides, the assistance principle at execution of obligations should be applied much more often those cases which are directly specified in the law. For example, in relation to the contract of rendering of services: educational, medical, consulting, etc. Subjects of the given relations are interested in certain result which can be reached only in the event that they will render each other all possible assistance.

So, the duty on granting of the information about a way of life of the patient, its bad habits, etc. can be not specified the doctor in the contract of rendering of medical services. Nevertheless, without its execution it is inconvenient to choose the most effective way of treatment. At the same time in recover of the patient it is interested not only the patient, but also the doctor so the perception depends on result of treatment by potential clients of professional qualities of the last.

The resulted example proves an urgency of opinion of V.A.Tarhova stated primenitelno still to the Soviet right, that at occurrence of the difficulties connected with execution of obligations «the parties should warn each other and in common finds ways to their overcoming» [380]. For today the given rule can be deduced from requirements of a principle of conscientiousness and is applicable to bolshej parts of obligations. We consider, that the duty to inform on difficulties of execution follows from sense of the rules of law regulating dogovory of retail purchase and sale, delivery, podrjada, contractings, transportations etc. the Non-notification of the counterpart about complexities of realisation of the agreement can be regarded along with other circumstances, first, as the argument in favour of that reduction, that is due to the party under the contract, and, secondly, as the basis for reduction of responsibility of the party guilty of default or inadequate execution of the obligation.

Examples and from judiciary practice are interesting. For example, at interpretation of the norms regulating the relations under the contract of leasing in the Decision Presidium of the Supreme Arbitration Court of the Russian Federation has specified, that «the contract parties should operate, being guided, including, cooperation reasons» [381]. It is possible to tell, that the number of cases of use by vessels of an analyzed principle recently has increased. The rule that the parties should operate, considering cooperation reasons, is used by vessels and for a substantiation of the position on business, and for argument strengthening, and for correct adjudication [382 [383].

The told suggests, that necessity of application of a principle of assistance is formally proved by the diversified bases. Z.I.Tsybulenko with reference to the Soviet legal system allocated following forms of realisation of a principle of cooperation: observance of its requirements containing in regulatory legal acts; discharge of duties on the assistance, included in the contract under the agreement of parties, to the decree; observance of the duties following from the general rule of item 168 GK RSFSR; discharge of duties on the cooperation, following

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From positions of contracts on cooperation and to that of similar agreements. Modern writers prove application possibility in practice of an analyzed category by following positions: use of analogy of the right, the conventional principles and norms of international law, customs from which the studied principle [384] follows. Besides, in separate spheres of economy have gained distribution of the agreement on interaction and cooperation (for example, in the field of a railway transportation) [385].

Proceeding from the stated points of view, the operating rules of law, the developed judiciary practice, we believe, that there are following forms of realisation of a principle of assistance of the parties at discharge of duty:

1) a duty to render possible and necessary assistance as an element of the requirement of the conscientiousness erected in a rank of principles of civil law;

2) concrete norms of the civil legislation (with reference to the turnkey contract, commercial concession, etc.);

3) separate positions of the agreement entered into by the parties which directly provide certain duties on rendering each other assistance and mutual aid;

4) the norms of international law recognised as the Russian Federation;

5) customs and business usage;

6) a duty to render the possible and necessary assistance, following of sense of positions of the law and-or the agreement of the parties.

Thus, necessity of application of a principle of assistance of the parties at execution of obligations leaves far for frameworks of the turnkey contract and other cases directly specified in the law. Moreover, it is necessary to say that the analyzed principle is applicable under the relation to all obligations.

However it is not necessary and to absolutise an assistance principle. Its application or non-use should be commensurated with requirements of a rationality, conscientiousness, and also with that position from which the parties proceeded at making agreement. So, in the literature the following example is resulted. The seller should deliver a consignment of goods to a warehouse of the buyer in time. For some kilometres to a warehouse the car of the seller breaks and not in a condition to continue a way. The buyer can allocate without special complexities transport and employees for end of delivery of cargo, but, despite the request of the seller, does not do it. Authors approve, that similar actions of the buyer mismatch a principle of assistance of the parties [386]. However, it appears, that in the resulted case there is no infringement of requirements of conscientiousness and a rationality. The buyer it is quite proved recognised that on the seller the risk of default of the duty lays, no arrangements on possible use of transport of the buyer existing. Besides, putting on on the last duties on assistance by vehicle granting creates for it the additional risks connected with necessity of a payment of workers, occupied dostavleniem cargo, possible breakage of the car in a way, etc. In this connection Z.I.Tsybulenko's remark that the assistance requirement «cannot reach substitution of the debtor by the creditor at execution objaza - telstv» [387 [388] is actual.

In connection with the told there is a question on limits of an analyzed principle. As it is specified Z.I.Tsybulenko, «legality, validity, expediency, feasibility of actions on should be limits okaza -

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niju assistance in execution of obligations ». It is represented, that criteria of necessary assistance of the parties at execution of obligations should be developed judiciary practice and be based on the account of that position from which the parties proceeded at making contract, and also, whether in what assistance and mutual aid should consist it, in particular, will create additional risks.

In the literature it was noticed, that the cooperation principle is closely connected with the profitability beginning, as it is directed «on avoiding superfluous unjustified expenses» [389]. Does not raise the doubts that fact, that all principles of execution are interconnected and supplement each other as are directed on achievement of one result: what has been put in pawn by the parties at obligation occurrence. Nevertheless, profitability and assistance principles, as a matter of fact, the different phenomena. The first of them is, generally, the requirement to the debtor which default can be a consequence of that reduction, that it is necessary to it under the contract. The assistance principle is, first of all, the duty of the creditor to assist the counterpart without which achievement of result wished by the parties will appear exigeant.

Separate authors state a position that principles of profitability and assistance of the parties at execution of obligations operate exclusively in treaty obligations [390]. On the one hand, the specified beginnings it is valid in bolshej a measure are peculiar to the obligations arising from contracts. In the given legal relations the essence of the analyzed phenomena reveals. Nevertheless, it is impossible to tell, that categories of profitability and assistance of the parties at execution of obligations are absolutely not characteristic for non-contractual obligations as they also should be executed the debtor in the most reasonable, effective way with attraction of the least time, organizational resources. The similar duty follows from a principle of conscientiousness, sense of norms about non-contractual obligations, and it neustanovlenie negatively would affect realisation of the rights and legitimate interests of the creditor. Last, in turn, is obliged to assist the debtor. For example, to give the detailed information which is necessary for the debtor for discharge of duty.

The civil law not to the full opens a parity of principles of profitability and assistance of the parties at execution of obligations with other beginnings of civil law. First of all, the studied phenomena, certainly, are connected with the major position of institute of execution - a principle of appropriate execution. So, S.V.Sarbash not unreasonably approves, that the principle of appropriate execution includes all other beginnings of execution, including profitability and assistance [391]. A similar position at Z.I.Tsybulenko. According to the jurist, an assistance principle - the major legal means promoting realisation of other principles of execution, including appropriate execution [392 [393].

A little bit other opinion is stated T.V.Bogachyovoj in which opinion principles of profitability and assistance of the parties should be observed already at a making contract stage. The principle of appropriate execution operates only at a stage of execution of the obligation, hence, the specified phenomena cannot be considered as private and the general. We consider, that the resulted position is especially actual in connection with forthcoming changes in GK the Russian Federation. The matter is that introduction of institute of precontractual responsibility which can be considered as display of principles of profitability and assistance of the parties at a making contract stage is planned. Thus, the thought that principles of appropriate execution, and also assistance of the parties and profitability are raznoploskostnymi the phenomena, has the right to existence and corresponds to tendencies of development of the modern civil legislation.

It is represented, that differentiation between the specified phenomena can be spent in the following. Execution of the civil-law obligation should correspond both the letter of the law and contracts, and to their sense, spirit. It is no wonder, that the court at the resolution of disputes carries out interpretation of norms of the law and positions of the agreement of the parties according to requirements of conscientiousness, a rationality, justice. We consider, that principles ought and specific performance of obligations are realised, first of all, in positions that execution should correspond to the literal maintenance of the law and the contract. The beginnings of profitability and assistance of the parties, proceeding from their essence, urged to provide correct execution of obligations, proceeding from sense, spirit of rules of law and positions of the agreement entered into by the parties.

Let's consider also a parity of analyzed principles with a category of conscientiousness which since recent time is norm - a principle according to item 1 GK the Russian Federation. First of all, it is represented, that categories of profitability and assistance of the parties are reflexion of the branch beginning of conscientiousness with reference to a liability law and on this basis should be applied at regulation of all relations specified podotrasli. Thereupon absolutely correct the statement is represented, that the cooperation principle is capable to carry out normoobrazujushchuju function as the part of a principle of conscientiousness \From told can be made two conclusions. First, a conscientiousness principle on the one hand and principles of profitability and assistance of the parties, with another, correspond as the general and a part. Secondly, fastening of a principle of conscientiousness in item 1 GK the Russian Federation gives the formal basis for application of the beginnings of profitability and assistance of the parties in pravoprimenitelnoj to activity.

It is thought, that conscientiousness is the major estimated category of domestic civil law erected in a rank of fundamental principles of the civil legislation which includes all other estimated categories which are used in GK the Russian Federation: a rationality, justice, morals and others. With reference to a liability law such phenomena are profitability and assistance of the parties at execution of obligations.

In this plan foreign experience is indicative. So, the Italian legislation does not contain directly formulated rule about a duty to co-operate. Nevertheless, foreign authors specify, that this duty directly follows from the general principle of conscientiousness and honesty [394]. Really, the general provisions of conscientiousness demand, that the parties behaved loyally under the relation to each other, means, besides other, a duty to protect interests of the counterpart [395].

In connection with the told there is a problem: whether there is a sense of allocation of independent principles of profitability and assistance of the parties, if they only private displays of a branch principle of conscientiousness. Separate authors negatively answer the given question. For example, A.D.Koretsky suggests to consider a profitability category not as an independent principle, and as concrete display in a liability law of principles of a rationality and conscientiousness [396]. Similar opinion at

O.A.Kuznetsovoj who considers, that «in the operating civil legislation it is expedient to replace a principle of companionable cooperation with requirements of conscientiousness, a rationality and justice of execution of civil obligations» [397].

On the one hand, the resulted remarks have the right to existence and to the full correspond operating GK the Russian Federation which has refused fastening of categories analyzed by us. However, on the other hand, without allocation of independent principles of profitability and assistance of the parties at execution of obligations there will be not clear and not clear, in what a concrete expression with reference to a liability law of a principle of conscientiousness. The given beginning in itself has too the general maintenance. So, it is obvious, that obligations should be executed honesty, however, which duties on diligent execution of the obligation bear the parties, not to the full clearly. Categories of profitability and assistance of the parties fill a conscientiousness principle with reference to a liability law with the certain maintenance, specify concrete reference points for counterparts under the contract, and also the legislator on the further development and perfection of a category of conscientiousness both in practice, and in legal acts. Thus, theoretical judgement considered above principles, and also the analysis of practice of their application - one of actual problems of modern civil law.

Moreover, abundantly clear, that «discharge of duties should be guaranteed as the general, and special legal means» [398]. Hardly in practice will be enough only general rules (a conscientiousness principle) in absence special (categories of profitability of execution and assistance of the parties).

Having studied principles of execution of obligations, we will sum up. A paramount question of studying of principles of execution of obligations is their list. We consider, that it is possible to carry principles to them ought, specific performance, profitability of execution, and also assistance of the parties. The listed categories should be considered as liability law principles.

Principles of assistance of the parties and profitability of execution though are not fixed directly in the law, follow from its sense. Their understanding and essence has changed in comparison with the Soviet period, but the urgency of the given categories from it is not lost. Moreover, it is possible to speak about indirect fastening of principles of assistance and profitability of execution through a conscientiousness 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 §2. Principles of profitability of execution and assistance of the parties at execution of obligations:

  1. § 3. Participation of the third parties in maintenance of execution of obligations.
  2. Chapter 3. PRINCIPLES of EXECUTION of OBLIGATIONS
  3. § 2. Participation of the third parties in execution of obligations.
  4. § 2. Principles of execution of obligations
  5. § 1. Concept n ways of maintenance of execution of obligations
  6. 2.1. The penalty, as a way of maintenance of execution of commercial OBLIGATIONS
  7. measures of maintenance of execution of tax obligations
  8. the guarantee, execution of a tax duty by the third parties in the procedures, applied business about bankruptcy of the organisation
  9. §2.3. Features of legal regulation of execution of account obligations of subjects of the Russian Federation
  10. § 3. Obespechitelnyj payment as a way of maintenance of execution of other obligations
  11. § 1. Execution of tax obligations in business about bankruptcy
  12. Models of participation of the third party in execution of the civil-law Obligations
  13. Chapter 4. Execution of obligations with participation of the citizen recognised It is unknown absent
  14. features of execution of separate kinds of treaty obligations at Missing of the counterpart
  15. § 2.2. Principles of a recognition and execution of decisions of the international investment arbitration
  16. Chapter 1. TEORETIKO-METHODOLOGICAL BASES of the DOCTRINE ABOUT OBESPECHITELNOM PAYMENT AS the WAY of MAINTENANCE of EXECUTION of OBLIGATIONS
  17. 3.1. Ways of maintenance of execution of obligations the private partner as measures of protection of the rights of the public partner
  18. § 3. The mechanism of execution of the international obligations in the national law in a context of participation of the state in the World Trade Organization: theoretical approaches and pravoprimenitelnaja practice
  19. CHAPTER 1. CONCEPT And PRINCIPLES of EXECUTION of the CONTRACTUAL OBLIGATION